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(영문) 청주지방법원 2016.05.13 2015노701
강제추행
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case reveals that the Defendant, around January 5, 2015, found the victim D (n, 40 years of age) at the front of the C main office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, and took a drinking alcohol as if he knew.

In addition, the victim gets drinking together with no doubt.

The Defendant, on the same day, committed an indecent act by force against the victim by using the “F user” of the Defendant’s operation in Cheongju-gu, Seocho-gu, Seocho-gu, Cheongju as “F user” of the Defendant’s operation of the Defendant, and the victim kidds immediately after the victim sited in a sofa, and kids on the victim’s view, and kids on the victim’s view.

2. Summary of grounds for appeal;

A. (i) Defendant 1 did not skid the victim at the time of the instant case, or did not kis on the victim’s kis.

After drinking the victim and alcohol, the defendant took the victim in the direction of F user to pay taxi expenses, and the victim only brought money to F user while outside the F user, and only brought money to F user while the victim was outside the F user.

The court below found the victim's statement that falls short of credibility as evidence and found the defendant guilty of the charge as evidence, which affected the conclusion of the judgment by misunderstanding the facts.

B. The punishment sentenced by the court below (the punishment of three million won, the order to complete sexual assault treatment programs for 20 hours) is too unreasonable.

(b) Prosecutor - Improper sentencing - The above-mentioned sentence sentenced by the original conviction is too unfluent and unfair.

3. Determination

A. The lower court also asserted the same purport as the grounds for appeal.

The lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged on the grounds of the following circumstances admitted by the evidence duly admitted and adopted:

Victim D has consistently made a statement about the contents of the indecent act committed by the defendant since the police to this court, the situation at the time of the prosecution, etc.

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