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(영문) 청주지방법원 2021.01.08 2020노582
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding or legal principles, (1) around August 2019, the fact that the indecent act was committed on three occasions by compulsion was committed, and there was no intention to commit an indecent act.

(2) On September 6, 2019, at around 12:00, the victim’s consent to a forced indecent act was made and there was no intention to commit an indecent act.

(3) On September 6, 2019, the Defendant was forced to commit an indecent act by force around 15:00 on September 6, 2019, and the Defendant had the Defendant’s grandchildren contact with the Defendant’s grandchildren in the process of taking the following measures by taking the Defendant’s knife with the Defendant’s knife, but did not intend to commit an indecent act.

B. The sentence sentenced to the lower court’s unfair sentencing (7 million won in punishment, 40 hours in completion of sexual assault treatment programs, 1 year in employment restriction) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Although the lower court also asserted that the Defendant had the same purport as the above facts, the lower court rejected the Defendant’s assertion for the following reasons, and convicted the Defendant of all the facts charged in the instant case.

(1) The defendant and his defense counsel committed an indecent act in the criminal facts stated in the judgment of the defendant with the consent of the victim, and in light of the circumstances and methods of the crime, there is an intentional act in the criminal facts stated in the judgment of the defendant.

It is difficult to see

The argument is asserted.

(2) The victim consistently states the specific parts of the crime, including the situation before and after the crime was committed from the investigative agency to the court, the Defendant’s act, and the victim’s conversation.

It is difficult to find out any contradictory part of the statements made by the victim itself or contradictory to the facts revealed in the records.

In addition, the injured person is not guilty or makes a false statement.

There is no circumstance to suspect.

Considering these circumstances, the victim's statement is reliable.

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