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(영문) 대전지방법원 2016.04.06 2015노3899
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who misleads the victim of the fact, does not intentionally have the victim’s negative mind, but merely contacted the victim’s hand.

Nevertheless, the lower judgment that found the Defendant guilty of the facts charged of this case erred by misapprehending the facts.

2) The sentence of the lower court’s unfair sentencing (an order to complete a sexual assault treatment program for 10 months, 80 hours, or 10 hours, or an order to disclose or give notice) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts, the lower court acknowledged the fact that the Defendant committed an indecent act against the victim, in full view of the Defendant’s statement in an investigative agency that his hand meets the victim’s sound mind and the victim’s statement that the Defendant was aware of the above sound mind below.

On the other hand, the defendant was convicted of the charged facts of this case.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant committed the instant crime with the intent to commit an indecent act against the victim.

Since there is no other evidence that may interfere with the finding of guilty of the facts charged in this case, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as pointed out by the defendant in the judgment below.

1) The Defendant did not directly walk the victim, but she was close to the Defendant, two times, and the victim she was her to the Defendant, and the Defendant, who was her to the Defendant, was placed on the her table, who was her shouldered in front of her body.

Then, the Defendant saw the left hand hand over to the gate by putting the hand hand over to the gate and putting the victim with the gate, while putting the gate over with the gate, then putting the left hand that was left by the depositor.

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