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(영문) 서울고등법원 2017.03.09 2016노3431
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On October 6, 2015, the Defendant’s act of coerciond indecent act on the part of October 6, 2015 is “outstanding” to the victim.

The phrase “I messages between the victim and the Defendant do not appear,” and the victim and the Defendant are fabricated by the victim, and the Defendant must keep the victim’s hand in order to prevent the victim’s loss in the future, and to prevent the company’s business information from being leaked to competitors.

The phrase " was made to the employees at ordinary times."

Therefore, the defendant's act of taking the victim's grandchildren while making the victim's words to this purport does not constitute an indecent act, and the defendant did not have the intention to force the victim to commit an indecent act.

2) On October 14, 2015 to around 16, 2015, the Defendant did not have any fact that he had committed an indecent act with the victim in a laboratory No. 202 from October 14, 2015 to October 16, 2015, and there was no room for engaging in an indecent act against the victim.

B. In the course of the trial of the court below, the court of the court below held that the defendant's desire to participate in the trial, the defendant's defense counsel was silent, the defendant's defense counsel was appointed, the defendant was ordered to produce materials for the victim and deliver them to the victim, the defendant's defense counsel was examined without adjudication, the defendant's examination was directed to increase the victim's mind so that the victim can be raised so far, and the prosecutor instructed the prosecutor to change the indictment, etc., and made an unfair judgment.

(c)

The punishment of the lower court (one year of imprisonment, two years of suspended sentence, 80 hours of lecture for sexual assault treatment, 80 hours of community service) is too unreasonable.

3. Determination

A. On October 6, 2015, regarding the assertion of mistake of facts, the lower court’s finding of an indecent act by force on October 6, 2015, based on the evidence duly admitted and investigated by the lower court, may be additionally recognized based on the evidence and the protocol of interrogation of suspect prepared by the prosecutor.

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