(영문) 서울남부지방법원 2020.11.09 2019노2758

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.11.09 2019노2758

강제추행

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles that the Defendant is flock with the victim's her but has no flock or flock with his her flock on the port side of the port.

The victim's statement is not reliable because it is not consistent with the contents of the most important indecent act.

All the defendants and victims are 60 men, and there were 60 men in the field of this case, and there were 5 men in the field of this case at the time of this case.

In such a situation, it is difficult to view the Defendant as an act that causes sexual humiliation or aversion to the general public objectively and is against good sexual morality, and even if the Defendant, as the victim’s assertion, put the finger off on the part of the port.

Since the Defendant was her flock with the indication that he was her, there was no intention to commit an indecent act.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misapprehension of legal principles on the circumstances that the court below properly decided by considering the following circumstances revealed by the evidence duly admitted and investigated by the court below, the defendant can sufficiently recognize the facts that the defendant committed the same act as the facts stated in the judgment of the court below against the victim. The victim's statement about whether the defendant puts his/her finger on the victim's resistance [the victim's statement], "I am her hand (the victim's statement)", "I her hand on the victim's resistance" (the police suspect's interrogation protocol against the defendant), "(recording file CD)," "I her her turn on the victim's face (the victim's telephone hearing statement - the indecent act committed by the victim)", "I am her hand on the victim's resistance", "I am her turn on the victim's resistance (the victim's statement", "I am her turn on the victim's resistance", "I am her son's her hand on

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