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(영문) 광주고등법원 (전주) 2021.01.13 2020노185
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The accused and the defense counsel at the summary of the grounds for appeal withdrawn the argument of mental and physical weakness on the first trial date.

A. Fact-finding misunderstanding (2020 Gohap 14 case as stated in the judgment below) The Defendant merely saw the victim's fingers in the direction of the ship of the victim while dialogueing with the victim, and did not look at the victim's chest.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion by the Defendant is without merit, on the ground that the Defendant her frights the victim with his her son’s chest and forced the victim to commit an indecent act by force.

A. Examining the CCTV video images and the screen pictures of the crime scene where the crime scene of this case was taken, it is confirmed that the Defendant passed the victim after facing each other in the direction that the Defendant and the victim face each other by stopping in the direction that they face each other. After about 7 seconds, the Defendant turned out his arms toward the chest direction of the victim himself, and walk up the victim after leaving the upper part of the victim's chest head.

B. The victim, at the investigation stage and the court of the court below, see the music at the time of the crime of this case, and the defendant saw the horses.

When he earphones, he was unable to know about the first time, and the defendant did not know about the money accurately, and the defendant saw about the right chest of the victim.

“A consistent statement was made to the effect that it was consistent (1-2 pages of trial records, 1: evidence records, 21-22 pages). Moreover, as to the part at the time of the occurrence of the injury, “a hole was made.”

It is essential to feel a large number of numerical intelligences.

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