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(영문) 대구지방법원 2018.05.18 2018노941
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the facts charged No. 1 and No. 2, at the time, the Defendant only committed an act of spreading or breaking the victim's tumm in distress on one occasion, and there was no intention to commit such act.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to whether the Defendant committed an indecent act by force against the victim as stated in Articles 1 and 2 of the facts charged.

Therefore, this part of the defendant's argument is without merit.

(1) The victim is deemed to have credibility of the victim's statement from the investigative agency to the court of the court below on the grounds that it is not possible to find any especially contradictory or inconsistent with the rule of experience in relation to the victim's statement.

② Although the victim clearly expressed his/her intent to refuse at the time of each crime, the victim made a clear statement to the effect that “at the time of each crime, the Defendant continued to have his/her son or her son over several times.”

③ The victim stated that “the victim had a sense of shamed at the time of committing each crime, she was good,” and the Defendant’s act of taking custody of her her butt over several times constitutes an act of causing a sense of sexual humiliation or aversion from the perspective of ordinary people.

(4) In relation to Article 3 of the facts charged, the defendant first is profescing with the victim, as alleged in paragraphs (1) and (2) of the facts charged.

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