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(영문) 서울남부지방법원 2018.06.21 2017노137
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of the legal principles, mistake of facts, and error of sentencing) and the “video file” as indicated in the lower judgment by misapprehending the legal principles, and misunderstanding of facts, as to the “CCTV’s video file” (hereinafter referred to as the “video file of this case”) are inadmissible, and even if the admissibility of family affairs is recognized, there is no credibility because the artificial manipulation was salvating, and thus, it cannot be used as evidence of guilt.

In addition, the statements of the victim are contradictory to each other, and there is no evidence to support them, and there is no other evidence to acknowledge the facts charged of this case.

Rather, according to the video file of this case, the defendant kisck and kisced the sexual organ of the victim.

It is difficult to see it.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles by using the video files of this case as evidence and in the misapprehension of legal principles by using them as evidence, and in the absence of an indecent act by the Defendant.

2) Even if the criminal defendant was found guilty of an unfair sentencing, the sentence imposed by the court below (two years of suspended sentence in imprisonment with prison labor for a period of eight months) is too unreasonable, taking into account the circumstances in this case, the risk of recidivism by the criminal defendant, etc.

B. In light of the following: (a) the Defendant’s instant crime committed by the Prosecutor (unfair sentencing) is extremely poor in the nature of the crime; (b) the circumstances after the crime are extremely poor; (c) the method of commission of the crime is planned and highly likely to repeat a crime; and (d) no agreement has been reached with the victim, the sentence that the lower court

2. Determination

A. The judgment of the court below on the Defendant’s assertion of misunderstanding of the legal principles and misunderstanding of facts also asserted the same purport as the grounds for appeal in this part, and the court below rejected this decision in detail.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and at the trial, it is just.

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