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(영문) 부산지방법원 2016.07.01 2016노740
강제추행등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 1) finding the Defendant guilty of this part of the facts charged, although the Defendant did not have committed an indecent act or assault against the victim, is erroneous in the misapprehension of facts.

2) The punishment (one year of imprisonment and 40 hours of order to complete sexual assault treatment programs) of the lower judgment that was unfair in sentencing is too unreasonable.

B. The punishment of the judgment of the court below of the second instance (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for ex officio appeal. Each of the offenses listed in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, the judgment of the court below, despite the above reasons for reversal of authority, is still subject to the judgment of the court below.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of this part of the facts charged is just and acceptable, and there is an error of law by misunderstanding the facts assigned

shall not be deemed to exist.

1. A victim E and F are consistently making a specific and consistent statement about the major facts of their damage, such as the facts charged in this part.

② With respect to the fact of damage to the victim E, the victim E made a statement about the fact of damage to the victim E, and the respective statements are consistent with the victim’s statement.

(3) The photograph taken of the timber and the arms of the victim F shall be confirmed with red shapes of the victim F and those of the arms.

(4) The defendant's hand, etc. shall be the victim at the time of packing I.

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