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(영문) 울산지방법원 2017.04.20 2017노240
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Reasons for appeal

A. Although the Defendant, as stated in the facts charged in the instant case, did not have the victim’s sexual intercourse, the lower court erred by misapprehending the facts acknowledged by the lower court.

B. Despite the fact that the Defendant had sexual intercourse as in the instant facts charged by misapprehending the legal doctrine, the lower court erred by misapprehending the legal doctrine that acknowledged the Defendant as a forced indecent act, even though it was merely an indecent act, rather than an indecent act by force.

(c)

The defendant guilty in the sentencing case.

Even if the court below's sentence (two years of suspended sentence in June, and twenty-four hours of lectures to treat sexual assault) imposed on the defendant is too unreasonable.

Judgment

A. 1) On the following grounds, the lower court’s finding that the Defendant was guilty of the victim’s sexual organ as stated in the facts charged in this case is legitimate and acceptable, and there is no error of mistake in the fact-finding.

A) According to the evidence adopted by the court below, ① there was a conflict between the defendant and the victim over the management rights of the corporation D at the time of the instant case, ② there was a conflict between the defendant and the victim, ② the time when the victim was involved, the number of the victim’s sexual organ, and whether G was in the face of the victim’s body, ③ the defendant’s sexual organ at the time of the police and the first call.

At the time of the second call, the above statement was made upon the request of the victim, but the defendant did not keep the victim's sexual organ.

(4) The Defendant’s sexual organ at the lower court court’s court court court’s determination that: (a) the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, and that (b) N and F’s bitch bitch bitch bitch bitch bitch bitch bitch f.

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