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(영문) 인천지방법원 2019.07.26 2019노622
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, indecent act by compulsion, special assault, etc.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts charged in the instant case of mistake of facts, Defendant 1 did not have committed such act, in the case of indecent act by compulsion, special assault, and assault, and only took place in a false statement by C. Nevertheless, the lower court convicted Defendant 1 of the facts charged on the basis of a false statement by C which is not reliable. In so doing, the lower court erred by misapprehending the facts. 2) The sentence sentenced by the lower court of unfair sentencing (one year and two months of imprisonment, 40 hours of order to participate in sexual assault treatment program, 5 years of employment restriction order)

B. The sentence imposed by the Prosecutor (one year and two months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of order of employment restriction) is too uneased and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person living together with C from August 9, 2018 to the second floor of Kimpo-si, Kimpo-si.

1) On November 6, 2018, the Defendant: around 17:00 on November 6, 2018, the Defendant: (a) reported that C was engaged in talking with E, the owner of the said female building; and (b) asked the victim at the Defendant’s house on the 2nd floor of the inn, “I ambling, I ambling, I ambling, I ambling C 3 to 4 times at the victim’s house, and assaulted the victim at 0:0 on November 7, 2018; (c) around 03:00 on November 7, 2018, the Defendant 1 ambling the victim at the Defendant’s house and 1:00 on November 7, 2018; (d) 1:3:00 ambling the victim’s house, and ambling C with the victim’s appearance “I ambling the victim’s desire to commit an indecent act; and (d) 1).

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