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(영문) 대전지방법원 2016.08.17 2016노1407
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a sense that misunderstanding of facts and misunderstanding of legal principles (the point of coercion of indecent act) is different, the Defendant’s hand in contact with the victim’s upper part of the victim’s body, not the Defendant’s intention to commit indecent act.

Nevertheless, the judgment of the court below which found the defendant guilty of forced indecent act among the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

B. The punishment of the lower court (one year of imprisonment, eight hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of misunderstanding of facts and legal doctrine is based on the evidence duly adopted and examined as follows: ① the victim’s statement on the part of the body, method, and circumstance where the Defendant met the victim is specific, consistent, and reasonable in its explanation; ② the Defendant was aware of the victim’s food order in a restaurant, and ② the Defendant was aware of the victim’s food order in the restaurant.

Happed?

In light of the facts stated in the judgment below, it is sufficiently recognized that the defendant's act was an indecent act that is sufficient to cause a victim to feel sexual humiliation as an indecent act, and therefore, the defendant's mistake of the above facts and misapprehension of the legal principles are without merit.

B. The fact that the defendant generally recognized and reflecteds the wrong determination on the unfair argument of sentencing, and that the defendant agreed with the victim C is favorable.

However, the crime of this case is committed by the several methods similar to this case, where the defendant deceivings the victims, obtains the amount equivalent to the amount of alcoholic beverages and food, and thereby interferes with the victims' work or commits an indecent act against the victims in the process.

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