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(영문) 서울북부지방법원 2020.06.16 2019노1854
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below on the violation of Acts and subordinate statutes is unlawful in the omission of the essential elements of the crime, which is an essential element to be specified in the judgment of the court below, due to the lack of an explanation about the indecent act by assault or intimidation, in the criminal facts of the second instance judgment.

B. misunderstanding of facts and misapprehension of legal principles, the lower court found the Defendant guilty of charges by taking only the victim’s statement without credibility, although the Defendant did not have committed an indecent act against the victim. Even if credibility is acknowledged in the victim’s statement, the Defendant’s act does not constitute the elements of the crime of indecent act by compulsion because the Defendant

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous in the misapprehension of legal principles and misconception of facts.

C. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, a 80-hour order, and a 5-year restriction on employment) is too unreasonable.

2. Determination

A. The facts constituting the crime under paragraph (2) of the judgment of the court below as to the assertion of omission of facts which constitute the elements of a crime are stated as "the defendant shall be placed on his hand on the wall so as to be placed in a forced manner." Thus, the above mentioned acts shall be deemed as an exercise of tangible force against the victim's will and include violence. Therefore, this part of the defendant's assertion

B. Considering the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the victim’s statement is reliable, and the Defendant is sufficiently aware of the fact that the victim committed an indecent act by force, such as the facts charged in the instant case.

Therefore, the judgment of the court below which found the defendant guilty of the crime is just, and it is erroneous and erroneous as the defendant asserts.

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