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(영문) 서울중앙지방법원 2016.01.27 2015노3534
강제추행등
Text

The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

[Defendant A] Defendant A shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) is not guilty of committing an indecent act by force against the victim by deceiving the victim’s chest part on his hand.

(2) The lower court’s improper sentencing is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misunderstanding of the legal principles, Defendant B merely has an memory with dancing at the time of the instant case, and did not have any physical contact with the victim.

(2) The lower court’s improper sentencing is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. A summary of the facts charged as to forced indecent act and the judgment of the court below (1) The summary of the judgment of the court below is from November 10, 2014 to around 04:50 on the same day, Defendant A accessed the victim I (Woo 26 years of age) who ever worked and dance in the club H located in Seocho-gu Seoul Metropolitan Government from around 05:01 on Nov. 10, 201, approaching the victim I (Woo 26 years of age) who gets her back to the victim and her back to the back to the victim, such as the victim, and the victim's breast part was her hand, and the victim was her was her finger, and the victim was her fingerd and her was her shocked, and the victim was her shocked and her shocked.

The defendant continued to have access to the victim who had occurred and committed an indecent act against the victim by forcing him to talk with the victim's chest.

(2) The lower court found the Defendant guilty on the ground of the evidence produced therefrom.

B. In a criminal trial for a final judgment of conviction, the conviction ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true, and if there is no evidence to form such a conviction, even if there is no doubt of guilt against the defendant, the conviction should be determined with the benefit of the defendant.

As evidence consistent with this part of the facts charged, the victim I's second statement to the police of the victim I, the victim I's legal statement to the witness J, the police's statement to the witness J, the court's legal statement to the court below, and the defendant A.

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