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(영문) 서울중앙지방법원 2021.02.18 2020노1373
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of the victim E (the name of the defendant), in light of the fact that the victim misunderstandings the fact (the name of the defendant), the defendant was fluorted with the monetary compensation in addition to the just remuneration, and the fact that the defendant retired from office and received the agreement, etc., the victim does not lead to the sexual relationship by force, not by the victim's sexual power, but by the external defendant's sexual intercourse with the victim's sexual intercourse. The defendant as the defendant permitted the sexual relationship.

There was no choice but to believe.

In the case of the victim H, the physical contact between the victim and the defendant was a trade name, and the victim expressed his/her intention of refusal for the first time on July 2017, and the defendant knew that he/she was aware of his/her intention of refusal immediately and was the suspension of physical contact. In light of the fact that the victim did not refuse the physical contact of the defendant.

There was no choice but to believe.

B. As to the punishment sentenced by the court below (such as the defendant and the prosecutor), the defendant asserts that it is too unreasonable for the prosecutor as it is too unfasible, and the prosecutor is too unfasible.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as the grounds for appeal in this part, and as to this, the lower court rejected the above assertion and found the Defendant guilty of the facts charged in detail, with the detailed statement of the judgment under the title “determination of the Defendant and the defense counsel’s assertion”.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is an error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

The above assertion by the defendant is without merit.

Victim E shall be the chairperson of the prosecution whenever he is "..... is E.

“A refusal to do so.”

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