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(영문) 서울서부지방법원 2019.09.26 2019노268
강제추행등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of this part of the facts charged based on the victim's statement and the defendant's statement in an investigative agency, although it is clear that the defendant made a conversation with the victim at the time and place specified in the facts charged, it is erroneous in the judgment of the court below that it affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.

(1) The victim made a false statement concerning the frequency and content of indecent act on the part which was found not guilty at the lower court, and reversed the statement at the investigative agency and the court.

② As to this part of the facts charged, the first victim entered in the written statement that he was indecent act while she was committed by himself, but the police investigation stated that she was subjected to indecent act by deducting the instant cup in order to see himself. The court below stated that she was able to obtain the instant cup in the instant case, and that she also stated that she was able to obtain the instant cup in the instant case and she was able to do so at the time of indecent act, such as making a false statement that she was flu

③ The victim stated in the court below that the Defendant committed an indecent act and went to the toilet immediately after having committed an indecent act. However, in the police investigation, the victim made statements that the Defendant intending to drive the toilet immediately and she stated that she would drive the toilet, and that she would drive her, and that she would drive her, and that she complied with the situation immediately after the indecent act.

④ Even by CCTV images, the Defendant committed an indecent act against the victim.

It does not seem that the victim would be able to presume the situation that the victim would drive away the defendant immediately after the indecent act is committed.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (including fine of 5 million won, and completion of sexual assault treatment programs for 40 hours) is too unreasonable.

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