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(영문) 인천지방법원 2018.04.20 2016노4864
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, misunderstanding 1) Although the Defendant had the victim reach the victim through a communication medium, such as the statement No. 1 of the facts constituting the crime in the judgment of the court below, in light of the victim’s usual dialogue content and the attitude of the victim, etc., the judgment of the court below which found the Defendant guilty by determining otherwise is erroneous in the misapprehension of facts and legal principles.

2) Although the Defendant did not commit an indecent act against the victim as stated in the facts constituting the crime No. 2 of the lower judgment, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. The punishment sentenced by the lower court against the Defendant (an amount of five million won) is too unreasonable.

2. Determination as to the misapprehension of facts and misapprehension of legal principles

A. Each of the crimes described in Paragraph 1 of the crime committed in the judgment below also asserted the same as the grounds for appeal.

The court below, based on the evidence duly adopted and examined by the court below, did not express a direct displeasure to the Defendant’s statement in the facts charged in the process of giving the Defendant a general secretary-general, and did not express the victim’s speech directly in the process of giving the Defendant a license to take over the Defendant’s general affairs, in light of the victim’s dialogues in the currency of No. 1 of the facts charged, the victim appears to have expressed a sense of sexual humiliation, aversion, displeasure, etc.; ② the Defendant used expressions similar to the facts charged, such as referring the victim as the victim’s 's 's 's 's 's '; ③ the Defendant made a recording of the instant currency; ③ the Defendant, while explaining the general affairs of the Do Community Council, requested the victim to exchange the victim’s personal 's 's 's 'ss 's '

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