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(영문) 서울남부지방법원 2019.05.16 2018노2603
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. When the defendant misleads the victim of mistake, the defendant's hand, etc. merely contacted the victim's her butt her butt with the victim's intention to commit an indecent act, not the defendant's her but her but her.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, the Defendant’s assertion of mistake of facts cannot be accepted.

A. The victim stated in the court below and the court below that the victim's statement to the purport that the victim's right tampt be seen to be his finger or fingers, etc. consistently at the right tacks below, but what is the tacks that tacks tacks, and that tacks tacks not merely face with the tacks, but rather, the tacks tacks of the right tacks, and that the victim's statement to the effect that the tacks tacks of the left tacks are not properly memoryed (the same shall apply in this case). The victim's statement does not seem to be any special contradiction in the victim's statement (In addition, the victim immediately resisted it to the defendant, and after paying the annual macks on the day, the victim filed a complaint with the Seoul Yangcheon Police Station

Examining CCTV video images taken by the situation at the time, in C's corridor C, the Defendant walked towards the victim by the front and rear shade (in this case, it does not seem to have the Defendant's hand), and the Defendant’s right hand hand over the victim immediately before and after the passage of the victim, and the Defendant’s hand turn toward the victim’s her her her her her her her m. at the time.

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