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(영문) 서울고등법원 2015.04.24 2014노3375
강제추행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed indecent act by compulsion of the victim, and the injury of the victim was not caused by the Defendant’s act.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

C. There are special circumstances to exempt the criminal defendant from disclosure disclosure and notification orders.

2. Determination

A. As to the assertion of mistake of facts, the lower court also argued the same purport as the grounds for appeal in this part, and determined that the lower court rejected the above assertion in detail, and that it can be recognized that the Defendant forced the victim to commit an indecent act on three occasions and inflicted bodily injury as in the judgment of the lower court, as in each of the facts charged by the Defendant.

Examining the following circumstances based on the evidence duly admitted and investigated by the court below and the court below, the court below’s determination that recognized the Defendant’s act of indecent act and bodily injury as stated in the judgment is justifiable.

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

① The victim talked about the instant crime from before the occurrence of his damage on the day of the instant case to his male-friendly appearance H. The victim’s statement about the developments and contents of the instant case is generally specific and consistent from that time to the original court’s trial. The victim’s statement on the grounds that the CCTV images of the youth hostel in which the instant case occurred, a recording file between the victim and H, and a telephone recording file with the victim’s mother is also consistent.

(2) In an investigative agency and a court of original instance, there are some parts inconsistent with the statement made by the victim on the time of damage and the specific location at the time of damage.

However, as indicated in the ruling on the day of the instant case, the victim shall have three times from the Defendant.

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