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(영문) 인천지방법원 2016.08.31 2016노933
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not commit an indecent act by force against the victim as stated in the facts charged.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is deemed to be too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, and ① the victim tried to occur immediately after the Defendant was extremely present at the place of the investigation agency and the lower court’s trial, and the Defendant was able to leave the place of the Defendant’s chest and double the chest of the witness.

”, “ 추행당한 후 놀라 서 엉겁결에 피고인의 머리 부분을 한 대 쳤고, 양복을 있고 있는 사람에게 경찰에 신고 해 달라고 했다.

In light of the following: “A person who has committed an indecent act,” and the circumstances before and after the commission of the indecent act, and ② G, the head of the business division of the Fet, made a statement that is somewhat different from the victim on the accurate point where the victimized person committed an indecent act in the court below, but the victim made the same statement as the victim on the response and situation immediately after the indecent act was committed; ② A person who has been committed an indecent act was present at the scene from the beginning of the subordinate provision; and (b) witness the scene from the middle rather than witness the scene; and (c) there may be a possibility that the victimized person at the time when the victimized person was committed an indecent act in the front of the occurrence of the occurrence; and (c) the victim’s statement cannot be denied the credibility of the victim’s statement; (c) the Defendant asserts to the effect that there was no indecent act against the victim; however, the victim does not seem to have any special circumstance to assault the Defendant without any justifiable reason.

Therefore, the defendant's assertion is without merit.

B. The Prosecutor’s sentencing is unfair.

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