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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.08.28 2015노1187
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had obtained the consent of the victim, there was no intention of indecent act by indecent act on the part of the victim in order to confirm whether there was anything wrong on the part of the victim, the Defendant did not intend to commit indecent act by indecent act. Even though there was no consent of the victim on the part of the victim, the Defendant’s delivery of the victim’s chest was based on the method of diagnosing whether the victim’s chest was abnormal on the part of the customer who was her

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of suspended execution in April, and forty hours of attending the sexual assault treatment course) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts.

① On October 2, 2014, the victim visited the massage pressure source operated by the Defendant, and on the same day, the victim was forced to commit indecent acts by force from the Defendant, and the husband of the victim demanded to find the massage pressure source together with the husband of the victim, and reported it to the police immediately thereafter.

② On October 6, 2014, the victim appeared at the police on October 6, 2014, after which he/she stated the fact of damage, and stated the fact of damage with a consistent statement in the main contents to the trial court.

③ 피해자는 피고인이 자신의 젖꼭지를 단순히 만지는 수준을 넘어서 손가락으로 젖꼭지를 붙잡아 흔들었다고 진술하고 있고, 피고인의 행동에 불쾌감을 느껴 즉시 피고인의 손을 쳐냈다고 진술하였다.

④ 피고인은 피해자의 젖꼭지를 잡고 난 뒤 피해자의 젖꼭지는 복이 많고, 복젖꼭지라고 부른다는 취지의 말을 하였다.

In addition, it seems that there is no motive for the victim to make a statement or make a false statement in exaggeration of the situation at the time when the victim was unaware of the previous facts of the case, and it seems that there is no contradiction in the victim's statement or any violation of the common sense.

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