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(영문) 수원지방법원 2013.07.04 2013노1273
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not commit any indecent act by the Defendant over three occasions, such as the entries in each of the facts charged in the instant case of mistake of facts, and instead, the lower court convicting the Defendant of all of the charges, even though the F warden had the intent to purchase E, thereby gathering the Defendant.

(2) In light of the fact that the lower court’s sentence against the Defendant (a fine of KRW 6 million) is too unreasonable, considering that the Defendant agreed smoothly with the victim after the sentence of unfair sentencing was rendered.

B. The lower court’s sentence against the Defendant is too uneasible in light of the nature of each of the instant crimes and the degree of damage, etc.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment with regard to the date and time of the crime under paragraph (2) of the facts charged from “ around 11:00 on March 2, 2012,” and the date and time of the crime under paragraph (3), “ around 11:00 on March 29, 2012,” and “ around 11:00 on March 29, 2012,” respectively, from “ around 11:0 on March 29, 2012,” and the judgment below became unable to be maintained as it was changed by this court’s permission.

However, even though the above reasons for the reversal of facts exist, the above argument of the defendant is still subject to the judgment of this court, and it will be examined to change the above provisions.

3. The fact that E’s statement from the Defendant’s judgment on the Defendant’s assertion of mistake of fact is consistent and concrete without contradictions before and after the investigation agency to the trial of the party, and the situation at the time is described in detail, and the Defendant also stated at the investigation agency that “E’s shoulder that was in front of the door “indecent act of sexuality” was “the indecent act of sexuality” at the investigation agency around February 24, 2012.

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