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(영문) 광주지방법원 2020.11.11 2019노3172
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant had the victim's side interest due to his loss, and even if only, it cannot be viewed as an indecent act.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence on six months of imprisonment, order to attend a course, and restriction on employment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to whether the defendant was the victim, the court below can fully recognize the fact that the defendant examined the victim's right side 4 fingers.

Therefore, we cannot accept this part of the defendant's assertion.

1) At the investigation stage, the victim consistently made a statement to the effect that “the victim was examined the victim’s side gateology with the victim’s hand while viewing the Defendant’s computer monitor screen and communicatings related to the work. The victim raised an objection, and the workplace Dong H called the Defendant, and another workplace Dong J called the Defendant to have observed an indecent act.” The victim’s above statement can be made in detail and specifically and reliable as to the contents that it is difficult to make a statement without direct experience of the situation before and after the indecent act, indecent act, etc. In addition, the victim sent the victim a Kakao message with the victim’s side gate message to the effect that the Defendant was involved in an indecent act, and the Justice sent the victim a Kakao message with the content that the victim took public notice, and the content of the above Kakao message statement corresponds to the victim’s statement.

As such, as there is objective evidence, the J stated that the accused was present at the investigation stage, and the accused was committed in the court of original instance.

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