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(영문) 서울중앙지방법원 2015.03.13 2014노5236
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any misunderstanding of facts and misunderstanding of legal principles regarding the victim’s sound records.

Although there was no assault corresponding to the indecent act, the judgment of the court below which found the guilty guilty of the facts charged is erroneous and misunderstanding legal principles.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3 million, the order to complete the program 40 hours) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the court below, the victim's assertion of misunderstanding of facts and misapprehension of legal principles is consistently stated in the investigation agency and the court below that "the victim was her knife by inserting her knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's knife, leaving the victim's body knife, leaving the victim's body knife, leaving the victim's body knife.

(2) The crime of indecent act by compulsion includes not only the case where an indecent act is committed after making it difficult to resist by means of assault or intimidation against the other party, but also the case where the act of assault itself is recognized as an indecent act. In this case, inasmuch as the assault does not necessarily require that the degree of suppressing the other party’s intent is to be limited and the exercise of tangible force against the other party’s will is against the other party’s will, the force shall be regardless of the exaggeration.

(See Supreme Court Decision 2002Do2860 delivered on October 23, 2002, etc.). (3) Examining the circumstances described in the above (1) in light of the legal principles of (2), the Defendant has only the negative part of the victim as stated in the judgment of the court below.

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