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(영문) 서울고등법원 2018.07.06 2018노125
강제추행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of drinking with a philophone and alcohol under the influence of drinking with a mental medicine. In full view of the statement made by the Defendant and the victim, the Defendant did not have the intent to compel the Defendant to commit an indecent act.

As such, the defendant's act should be applied to the crime of harming the defendant.

Even if the defendant's intention of indecent act is recognized, the victim's injury can be naturally cured without any specific treatment, so it is difficult to view that the defendant's act constitutes the crime of bodily injury.

However, the judgment of the court below that found all of the facts charged guilty is erroneous and erroneous.

B. The Defendant was physically and mentally weak at the time of committing the instant indecent act by force.

(c)

The punishment of the court below (one year and six months, etc.) which is unfair in sentencing is too unreasonable.

2. Determination

A. 1) Determination on the assertion that the Defendant had no intention to commit an indecent act on the part of the Defendant, taking into account the following circumstances acknowledged by the evidence duly investigated and adopted by the lower court and this court, the Defendant had the intention to commit an indecent act on the part of the Defendant.

Therefore, the lower court’s determination that found the Defendant guilty of this part of the facts charged is reasonable and it did not err by mistake of facts as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

① At the time when the Defendant was attending S Middle School, it seems that there were no students to attend the parking lot, and especially on the parking lot, it appears that there were no many people. Under such circumstances, the Defendant first started to walk by turning the direction into the parking lot where the victim is a victim, and the Defendant is waiting in front of the victim’s parking.

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