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(영문) 대전지방법원 2014.10.01 2014노1262
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant was guilty of all the facts charged in the instant case, even though there was only a fact that there was only twice the victim’s side glass, and there was no fact that the victim’s chest was delivered or the victim’s hair was committed.

B. As to the punishment (one million won of fine and 40 hours of the sexual assault treatment lecture) imposed by the court below on the defendant, the defendant asserts that the defendant is too unreasonable, and the prosecutor argues that it is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court on the Defendant’s assertion of mistake of facts, namely, the victim D made consistent and concrete statements on the background, method, order, etc. of the Defendant’s indecent act and assault committed by the victim from the investigation stage to the lower court; the Defendant also made a statement at an investigative agency that the Defendant was going to contact the victim’s chest (Evidence No. 20, No. 21 of the record) and the Defendant made a statement to the effect that he was kneing and kneing the victim’s chest and attempted to pay the agreed amount (Evidence No. 37 of the record), and that the Defendant would have not intended to pay the agreed amount if he did not commit an indecent act or assault against the victim (Evidence No. 37 of the record of evidence), the Defendant’s assertion of mistake of facts can be accepted, as stated in the judgment of the lower court.

B. As to the assertion of unfair sentencing by both parties, the extent of the indecent act and assault in the instant case is relatively heavy, and the Defendant has no criminal power other than the amount punished by a fine of two times in a minor case prior to 2001, etc. are favorable to the Defendant.

On the other hand, this case is.

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