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(영문) 서울중앙지방법원 2020.08.20 2019노4040
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. List of misunderstanding evidence

2. In the investigation report (related to the victim) is a document stating the victim’s statement, which contains no admissibility of evidence, and it is difficult to see that the victim s/he was sexually injured and suspected of s/he does not constitute an indecent act. The Defendant’s act does not constitute an indecent act. The Defendant merely s/he was her finger, etc. due to the invasion of people concentrated in the work hours, and the Defendant did not have any intention to commit an indecent act against the Defendant, and the lower court determined otherwise by misapprehending

B. The lower court’s sentence of unreasonable sentencing (a fine of three million won, etc.) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the defendant's defense counsel argues that the part of the victim's statement among the contents of the above investigation report (related to the victim) is inadmissible as it corresponds to the victim's statement again, but the court below's aforementioned evidence is clear that it is not admissible as evidence for criminal facts. Thus, even if the above evidence is not admissible as evidence, it is sufficient to find the defendant guilty of this part of the facts charged, as in the judgment of the court below, with the exception of the above evidence, even according to other evidence duly admitted at the court below. The above argument is without merit. 2) As to the defendant's assertion that the defendant's act does not constitute an indecent act and there is no intention to commit an indecent act, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is true that the defendant committed an indecent act in a place where the victim 8 seconds son son son son son son son son son son son son son son son son son around the victim's son son son her.

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