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(영문) 대전지방법원 2014.11.19 2014노1894
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim F's intention to refuse to commit an indecent act by the defendant is unclear, and the victim F did not feel sexual health.

Although the court below found the defendant guilty of indecent act by compulsion among the facts charged in this case, the court below erred by misapprehending the facts.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

C. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, especially the statement of the police of the victim F, written statement of the victim F's statement, written statement of statement, written statement of self-written statement, investigation report (the CCTV taken inside the business establishment), etc., the court below can recognize the fact that the defendant saw the victim F who is leading the room, and took 3 to 4 times the chest in his hand, and expressed his/her intent to refuse it by deducting the victim's body behind the victim's body. The above act of the defendant is an exercise of tangible power that was committed against the victim's intent, and objectively, it objectively constitutes an act that causes sexual humiliation or aversion to the general public and goes against good sexual morality.

Therefore, the judgment of the court below that found the Defendant guilty of indecent act by compulsion among the facts charged in the instant case is justifiable.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mental disability, the Defendant is deemed to have committed each of the crimes in this case under drinking, but in light of the circumstances leading up to the instant crime, the means and method of the crime, and the Defendant’s behavior before and after the instant crime.

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