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(영문) 서울동부지방법원 2019.09.05 2019노181
강제추행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (the defendant) had a minor contact to the extent that the defendant might be somewhat dissipated with the victim, but there is no fact that the defendant forcedly commits an indecent act by using the victim's her mar, such as the statement in the facts charged.

B. The Defendant asserts that the sentence of the lower court (a fine of four million won, order to complete a program) is too unreasonable, and the prosecutor asserts that the sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court also made the same assertion in the trial, and the lower court determined that the Defendant was guilty on the grounds of the circumstances indicated in the judgment based on the evidence duly admitted and investigated.

The court can find out the following facts based on the evidence duly adopted and investigated by the court: (a) if the net victim, who passes through CCTV images, sees the defendant who moves to the lower part of his body, the body, and the exit of the victim, sees the defendant who follows the passage of the victim; (b) the victim immediately am her right string, and am string; (c) the victim’s am string, which is the victim’s string, is taken; (d) the victim’s day string, which is the victim’s day string; and (e) the victim’s day string and the day string, while pursuing the victim’s indecent act outside the main point; and (e) the victim’s movement and situation at the time of the instant case observed through CCTV, cannot be deemed to have been a person who committed an indecent act; and (e) the victim’s statement was made by the defendant; and (e) the victim’s statement was made and his statement was made specific and consistent, the court below’s judgment is acceptable.

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