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(영문) 인천지방법원 2015.05.15 2014노4654
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won and order to complete sexual assault treatment programs 40 hours) is too unreasonable.

2. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court. ① The victim, from the investigative agency to the court of the trial, i.e., (i) the defendant was suffering from both arms of the victim, and (ii) the victim was sleeped by the defendant again, even though the victim was sleeped by the defendant, and the victim was sleeped by the defendant again, and the victim was sleeped by the defendant again, and the victim was sleeped so long as the defendant was slick and slicked, so the victim was not able to make the victim unslickly in their arms. ② After the crime of this case, the victim appeared to have been sleeped with G and F, and there is no reasonable circumstance to view that the victim made a false statement with the intent to harm the defendant who was aware of the victim before the crime of this case, ④ The court below's witness G and slick at the time of this case was found to have been 3 meters from the defendant's statement.

3. The extent of the instant indecent act on the assertion of unfair sentencing is relatively not much severe, and the Defendant.

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