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(영문) 서울북부지방법원 2017.09.14 2017노193
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed an indecent act by force against the victims, the lower court convicted all of the charges of this case. In so determining, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Of the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, on the grounds that the instant indictment was null and void in violation of the provisions of law, since the instant indictment Nos. 3, 5, 6, 7, 8, 9, and the instant indictment No. 2 cannot be deemed as having been specified in the charge, and thus, the instant indictment No. 3 is deemed null and void.

(c)

The punishment sentenced by the court below against the defendant (the imprisonment of one year, two years of suspended execution, and forty hours of sexual violence therapy) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances in the reasoning of the lower court’s judgment as to the assertion of mistake of facts, the lower court’s judgment that convicted all of the facts charged of this case is just and acceptable, and there is no error of misunderstanding of facts as alleged by the Defendant.

Therefore, the defendant's assertion of facts is without merit.

The victims have made a very detailed statement about the defendant's usual working environment, the situation where they were indecent acts from the defendant, the words or actions that the defendant had committed at the time, the changes in appraisal and thereafter, the surrounding reaction at the time when they were committed, etc. immediately after the prosecution was committed, and the main parts are consistent and difficult to avoid direct experience (for example, in the case of the victim H, the part that the victim made it difficult for the defendant to receive a model for the treatment of breast-ray from the defendant, and the victim I expressed that he was frightd with the chest size of the I nurse.

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