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(영문) 대구지방법원 2015.09.25 2015노2947
강제추행등
Text

The judgment below

The acquittal portion on the guilty part and the indecent act by compulsion shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The two-year imprisonment sentenced by the lower court is too unreasonable.

B. It is obvious that the Defendant’s act of misunderstanding the facts and misunderstanding the legal principles constitutes an indecent act committed by indecent act by compulsion against the victim C.

In addition, as stated in the facts charged, performance is sufficiently recognized as long as the defendant committed obscene acts in the sick room.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(2) The lower court’s above sentence of unreasonable sentencing is too unjustifiable and unreasonable.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. (1) The judgment of the court below on the assertion on the charge of indecent act by compulsion (1) is that even though the defendant is deemed to have taken the victim C's grandchildren, it is excessive that the defendant's act of taking grandchildren is viewed as indecent act by compulsion, even though the victim was aware of the defendant's improper behavior from other nurses, considering such circumstances, it is unreasonable to include the defendant's act of taking grandchildren in the category of indecent act by compulsion, and it is unreasonable to include the defendant's act in the scope of indecent act by compulsion, and the victim's statement that he was not damaged by the police that he was not damaged by the police, and it seems that the victim's damage was not a pipe of the victim's great sense of sexual humiliation at the time. Thus, the court found the defendant guilty of this part of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the defendant committed indecent act by compulsion.

(2) "Indecent conduct in the judgment of the political party" means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, and is sexually committed by the victim.

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