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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2016.07.15 2015노4124
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged in the instant case, did not commit any indecent act by force against the victim E, and instead, did not constitute an unilateral assault from the victims, and the content of the accusation against E cannot be deemed as false.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of probation, protection observation, and 40 hours of order to attend a lecture) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s determination as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine by duly admitted and investigated evidence, i.e., the Defendant was at the lower court’s trial with the assistance of the national defense counsel, and all of the facts charged were recognized at the first trial date, and no special circumstance exists to suspect the credibility of the Defendant’s confession, the mere evidence (Evidence Nos. 1 through 4) of photographs, etc. (Evidence No. 1 and 4) submitted to the lower court cannot be deemed to be insufficient.

B. Although I asserted that the Defendant was unilaterally assaulted by the victims, the victim E reported to the police, and did not report to the police in the Defendant’s side, and the Defendant made a statement to the police officer’s inquiry of the police officer who voluntarily accompanied the police station in Daegu Central Police Station to ask for whether or not damage was inflicted (Evidence No. 9 of Evidence Records). In light of the above, it is difficult to accept the Defendant’s above assertion.

In full view of the fact that the victims made a specific and consistent statement that conforms to each of the facts charged in the instant case in an investigative agency and there is credibility of the statement, the Defendant assaults the victims as stated in the instant facts charged.

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