(영문) 수원지방법원 2018.07.12 2018노164 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2018.07.12 2018노164

강제추행

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and his defense counsel (misunderstanding of facts) did not commit an indecent act against the victim D (hereinafter “victim”) as stated in the facts charged.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence against the Defendant by the prosecutor (unfair sentencing) (7 million won in penalty, and 40 hours in completion of sexual assault treatment programs) is too uneased and unreasonable.

2. Determination

A. In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court fully recognizes the Defendant’s indecent act by deceiving the victim’s her her butt will twice in his/her hands.

The defendant and defense counsel are without merit.

1) The victim, from the beginning of the investigation to the court of the court below, committed an indecent act twice from the Defendant, as described in the facts charged, and subsequently consistently and specifically stated on the main part.

There is no reason for the victim to be punished for the defendant by making a false statement between the victim and the defendant without any one-way way.

2) The male sex E of the victim is from the investigative agency to the court of the court below to “the victim’s family is in a house with the victim, and the victim’s own telephone and “any male has her her her her her her her her her her her her her her her her her

By doing so, I consistently make a statement to the seat of the victim “......”

E does not directly have observed the scam of the parallel, but the above statement is that “The defendant scam his her bam with the phone to E.

“Along with the Defendant’s statement.”

3) With respect to the first indecent act, the view of CCTV 1 on the screen of CCTV 1 installed near the scene of crime 01:40 to 01:40:50.

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