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(영문) 대구지방법원 2016.06.03 2015노3752
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of trial in this Court dismissed the prosecution of assault among the facts charged in this case and sentenced guilty as to the remainder of the facts charged.

However, since only the defendant appealed against the guilty portion of the judgment of the court below and did not appeal against the dismissed portion of the public prosecution by both the defendant and the prosecutor, the part of the judgment below's dismissal of the above public prosecution is separate and finalized, the scope of the judgment of this court is limited to the part which the court below pronounced guilty (voluntary indecent act, damage to public goods

2. Summary of grounds for appeal;

A. The Defendant is not guilty of committing an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of forced indecent act among the facts charged of this case is erroneous by misunderstanding facts and affecting the judgment.

B. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

(c)

The punishment sentenced by the court below (the imprisonment of eight months, the suspension of execution of two years, the protection observation, and the lecture attendance order of 16 hours) is too unreasonable.

3. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below's judgment which found the defendant guilty of a forced indecent act among the facts charged in this case is just and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.

subsection (b) of this section.

The defendant's assertion of mistake is without merit.

B. According to the records of this case’s determination on mental and physical disorder, the Defendant is deemed to have served alcohol at the time of each of the instant crimes, but considering such circumstances, considering the background of the instant crime, the means and method of the crime, the attitude and behavior of the said Defendant before and after the crime, and the circumstances after the crime.

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