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(영문) 수원지방법원 2015.01.22 2014노3682
준강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

At the time of the instant case, the Defendant (person in fact) was not in the state of mental disorder or non-performance of the victim D (the age of twenty five).

Even if the victim was in such a state at the time, the Defendant did not recognize it, and caused the misunderstanding that the victim did not refuse a minor physical contact, thereby leading to the kis by mistake, so there was no intention of quasi-indecent act.

The sentencing of the lower court (e.g., 4 million won of fine and 20 hours of order to complete a sexual assault treatment program) is too uncomfortable and unfair.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize that at the time of the instant case, the victim was in a state of mental or physical disability or inability to resist, and that there was sufficient awareness that the victim committed an indecent act by using the said state of the victim’s negligence. Therefore, the Defendant’s allegation is without merit.

1. The victim of Quju only left out of the Defendant’s calculation, but left in the police room, and left the film.

No. 104,50,500,500,000,000,000

It is also the same as kisk that may not be the defendant, and the fingers are stored in the clothes, and the breasts are also the same.

. Therefore, I did not think that the proposal was not a stife.

The victim stated “(Evidence No. 25 pages of Evidence).” The victim stated in the court of original instance “I cannot see his body or her body in the middle.”

I did not agree.

At the time, the defendant had a female-friendly Gu.

I are the same that I have kisck.

It was not a situation in which alcohol may be refused.

“Written Statement”

(Public Trial Records No. 31-32). (2) At the time of this case, black boxes were installed in the Defendant’s vehicle.

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