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(영문) 서울고등법원 2016.01.08 2015노2797
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) to mistake the legal principles or mistake that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) viewed the motion picture at the seat No. 14 in the O. 14 column of the present film theater, and there was no fact that the victim was seated on the right side of the victim’s seat No. 2 seat (No. 3 seat in Hr. 3).

The victim’s statement, which designated the Defendant as an offender, did not comply with the requirements for the criminal identification procedure, and thus, has no credibility, the lower court convicted the Defendant of this case based on the victim’s statement. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the fact.

2) The lower court’s sentencing (one month imprisonment) against an unfair defendant in sentencing is too unreasonable and inappropriate. 3) There are special circumstances that may not disclose or notify the unfair defendant’s personal information disclosure order. However, it is unreasonable for the lower court to order the disclosure of personal information.

(b) A defendant has a habit of sexual crimes against a part of the case for which the attachment order is requested;

Although it is difficult to see that the court below ordered the defendant to attach an electronic tracking device for two years, it is unreasonable to order the defendant to attach an electronic tracking device.

2. Determination on the part of the case of the defendant

A. As to the grounds for appeal of misapprehension of legal principles or mistake of facts, the lower court found the Defendant guilty of the instant facts charged on the following grounds.

A) In full view of the following circumstances acknowledged based on evidence as to the credibility of the victim’s statement, credibility is recognized in the victim’s statement that the Defendant committed an indecent act against the victim.

(1) On January 12, 2015, the victim was investigated by the police around 19:00, immediately after committing the crime, and "I went to the film center of this case to view the film together with the friendship H.

16:30 At the time of entry into the police station, advertisements are made.

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