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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2015.08.19 2015노818
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The punishment imposed by the court below (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend sexual assault treatment lectures) is too heavy or unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of committing an indecent act against the victim is justifiable. Therefore, this part of the Defendant’s assertion is rejected.

피해자는 수사기관에서부터 원심 법정에 이르기까지 이 사건이 발생한 찜질방 PC존에서 잠을 자던 중 피고인이 자신의 손을 잡고 끌어당겨 피고인의 바지 속으로 넣은 후 성기에 비벼댔고, 자신의 팬티 속에 손을 넣어 음부 부분을 만졌으며, 배꼽 및 가슴 부분도 만졌다는 내용의 일관된 피해 진술을 하고 있다.

B. At the time when the victim first fell in the PC, the victim stated that he had been knee in a place where there was a large amount of knee on the left side at the time when PC was stored, and that he had left knee in a lock, and later, he had left knee in the right part of the defendant in the state where knee was unfolded (the victim's statement in the court below) and that two males thought that he had been the same person (the victim's statement in the court below). The defendant also made a statement corresponding to the victim's statement and part of the victim's statement by making a statement that he was in charge of kne on the floor at the time when knife was stored in the investigative agency at the point where knife was stored at a point where knife was stored at the first time.

(14 pages, 15 pages, 61 pages). (c)

One man, other than the defendant and the victim, shall exist in the PC where the defendant and the victim have been diving.

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