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(영문) 부산고등법원 (창원) 2019.06.05 2019노78
강제추행등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") committed an injury in consideration of the victim's face at the time and place stated in the facts of the crime as stated in the judgment of the court below, but there was no fact that the victim was walking or taking part in the victim's face, and the victim E was faced with the victim's eye while the victim E was faced with the victim's eye. Nevertheless, there was an error of misconception of facts in the judgment of the court below that the defendant was taking part in the victim's walk with the victim's eye. 2) The judgment of the court below which recognized that the defendant was suffering from the victim's walk with the victim's eye.

3) The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable, and the defendant's case (A) misjudgmentation of facts (A) ① The defendant's case (hereinafter "not guilty part of the judgment of the court below") (hereinafter "the frequency of this case") and the victim E's statement concerning this part of the facts charged is consistent and concrete, and since the above victim's statement is not sufficient to make a false statement, the court below acquitted the defendant of this part of the facts charged on the ground that the above victim's statement cannot be reliable, despite the fact that the above victim's statement cannot be reliable.

② In full view of the following facts: (a) the victim E’s statement on this part of the facts charged is consistent, specific, and C also stated that the witness was given; (b) the Defendant left I while the Defendant first left the instant drinking house and appears to have taken the instant drinking house due to the Defendant’s forced act by compulsion of the victim E; (c) despite the sufficient proof, this part of the facts charged is sufficient to prove otherwise.

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