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(영문) 창원지방법원 2020.01.21 2019노564
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant committed an indecent act by force against the victim.

Nevertheless, since the court below acquitted the Defendant of the facts charged in this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On November 22, 2017, the Defendant committed a crime at the back of the instant charges (principal charges) 1) : (a) around 15:30 on the back of the Defendant’s house located in Jinju-si B; (b) the victim C (the victim 50 years old) introduced by the knicker B, her own dry field, her cherbly chers the victim’s mind to commit an indecent act on the part of the victim; and (c) her left hand cherbs the victim’s chest cherbs around 2:3 times by putting the victim’s chest in the victim’s inner part, and forced the victim’s breast cherbs with her own view. Accordingly, the Defendant forced the victim to commit an indecent act at the victim’s house at around 17:30 on the same day as paragraph (1) of the same Article and Article 17:30 on the part of the victim’s body, and divided the victim’s body into two parts of the victim’s body.

The Defendant continued to take the victim's hand back to the victim, and brought the victim's hand back to his own sexual flag, and called "The Central Central Central Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, Japan, and the Republic of Korea." However, the Defendant was refused to take the victim's sexual organ, but he tried to open the victim's body down to the lower part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. The lower court’s judgment is as follows, recognized by the record.

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