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(영문) 서울고등법원 2016.11.24 2016노2716
강제추행상해
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable for the Defendant and the respondent for the attachment order.

B. In full view of the evidence submitted by the prosecutor by mistake of facts, the defendant and the person requesting an attachment order (hereinafter the defendant) are the defendants.

(2) Although the court below acquitted the victim of the injury caused by indecent act by indecent act with intent to commit an indecent act by indecent act, and sufficiently recognized the fact that the victim committed an indecent act by indecent act by indecent act by indecent act, the court below acquitted the victim of the injury among the facts charged in this case, and convicted him of the injury. The judgment of the court below is erroneous in the misapprehension of legal principles.

2. Determination

A. On February 21, 2016, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) sent home, the Defendant: (c) around 03:27 on February 21, 2016, at the Defendant’s seat of the Defendant under the 201st 2nd 2nd 201, coming home while drinking and drinking the said E and drinking on the “G” photographic pipe located in the Gu 03:32 on the same day while returning home under the influence of alcohol; (d) the Victim H (22 years of age) was walking, and followed the Victim to see and commit an indecent act; (e) the victim was able to see the victim’s life in front of the Do and the 1st st floor of the building; (e) the victim’s upper part of the building was knicked by hand; and (e) the victim was able to live outside the Defendant’s hand and live out of the building, and (e) the victim was k) the victim’s kick and k in the floor.

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