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(영문) 대구지방법원 2018.10.26 2018노869
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act against the victims as stated in the facts charged, and the act identical to the facts charged does not constitute a requirement to constitute a forced indecent act.

In particular, the defendant's act of attracting the victim E's hand does not constitute an attempted indecent act.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The punishment sentenced by the lower court (the amount of KRW 5 million and the amount of KRW 40 million for sexual assault treatment programs) is too unreasonable.

2. Determination

A. The Defendant, at the lower court, alleged the same time as the grounds for appeal on this part, and the lower court rejected the above assertion in detail, following the summary column of the evidence.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and acceptable, and the defendant's act constitutes the elements of forced indecent act.

In addition to the fact that it is reasonable to see that the defendant's act of raising her hand in order to use her son E as stated in the facts charged begins to commit an indecent act, the judgment of the court below is erroneous in the misunderstanding of facts and misunderstanding of legal principles, as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit. This part of the defendant's testimony is without merit.

B. It is recognized that the Defendant’s illegality in sentencing is the primary offender who has no criminal history, is a graduate student, the Defendant’s indecent act is relatively minor, and the victim F expressed his/her intent that he/she does not want to be punished by attending the original court as a witness at the court below.

However, the crime of this case is committed by the defendant who committed an indecent act by forcing the victim E while dancing in the club, and is committed by the victim.

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