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(영문) 전주지방법원 2016.05.19 2015노1638
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not misunderstanding the facts and misunderstanding the legal doctrine) as stated in the facts constituting a crime, and did not have fry the victim’s her her butt will.

B) Even if the aforementioned facts are acknowledged, there was only an unexpected physical contact with the victim, and there was no intention to commit an indecent act against the Defendant. The Defendant merely supposes the body part of the victim who was sexually unrest during a short period of time in open space, and as such, there was a physical exercise of force corresponding to the assault.

It is difficult to see it.

Nevertheless, due to misunderstanding of facts or misunderstanding of legal principles, the lower court found the Defendant guilty of the facts charged.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, first, we examine the Defendant’s assertion that he did not have a son’s her butt her, as stated in the facts of crime in the judgment below.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim "the defendant, by hand, changed the victim's right mar with his her mack, macked the victim's right mar with his mack, and followed too far, and judged that the defendant was entering the office of the defendant.

(2) The victim stated that he / she left the Defendant’s her her her her her her her her her her but her her her her her her

Along with the fact of damage by transmitting the I message stating “finite or”, the fact of damage is shown that there is a considerable displeasure in the fact of damage, and the Defendant also sent the signal at an investigative agency as if the victim’s tamp with her son, etc., going behind by the victim.

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