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(영문) 춘천지방법원 강릉지원 2014.11.04 2014노311
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant is not able to write and rh the victim E face.

(B) In addition, due to the Defendant’s writing and rhym of the victim E’s face, there is no room for E to feel a sense of sexual humiliation.

(C) The Defendant did not see the face of the police officer H in drinking.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. Determination

A. (1) In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court of the first instance regarding the Defendant’s assertion of mistake of facts, namely, the victim E has made a concrete statement at the time from the investigative agency to the court of the first instance, and the Defendant has consistently stated the facts that he/she has used his/her face with his/her hand floor (However, E has been stated at the investigative agency that he/she has used four faces, but the Defendant has stated that he/she has rhydddddddd two times in the court of the first instance), etc., the Defendant may fully recognize the fact that he/she has used the victim E’s face.

Therefore, this part of the defendant's argument is without merit.

(B) In addition, the crime of indecent act by compulsion includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed to be an indecent act. In this case, insofar as the assault does not necessarily have to be enough to suppress the other party’s intent, and there is the exercise of tangible force against the other party’s will, regardless of its force, it does not necessarily constitute an indecent act.

Indecent conduct is objectively made to the general public a sense of sexual humiliation or aversion.

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