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(영문) 수원지방법원 2016.01.26 2015노7108
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. Fact-finding mistake (voluntary indecent act) does not appear in CCTV, and the victim's friendship F's statement that witnessed the defendant's crime at the time was not consistent with the victim's chest at the scene of the crime, is contrary to the rule of experience, and the victim's statement is different from the victim's statement as to which the subject who reported in 112 was F or F's behavior.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the charge of forced indecent conduct of this case on the grounds of the statements of victims E and F, etc. without credibility.

B. In light of the fact that: (a) the Defendant committed a violation of the Road Traffic Act (drinking driving) and traffic law (drinking without a license) by drinking alcohol and contingency; (b) the ownership of H SP-type car used for committing the crime of failing to drive alcohol again; (c) the Defendant is registered under the name of the Defendant; and (d) the Defendant suffers from neutic disorder on the right side; and (e) the Defendant is not under good health conditions, the lower court’s sentence that sentenced the Defendant to order to complete the program of sexual assault treatment for a period of 6 months and 40 hours is unreasonable.

2. Determination

A. Each statement of the victim E and F on the assertion of mistake of fact is consistent with the contents of each statement from the investigative agency to the court of the court below. In particular, the situation where the injured party talks with F in the street, and the defendant's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'ss kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

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