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(영문) 서울서부지방법원 2021.01.18 2020노1147
강제추행미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant did not intend to have the victim D (hereinafter “D”) suffered, or committed the victim D’s objection.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

2) Although the Defendant’s interference with the performance of official duties was found to have given out the sway G’s lecture of the F police box affiliated with the F police box, there was no fact that the Defendant saw or pushed out the H’s lecture or pushed down the chest.

In addition, since the defendant did not receive notification of the domination principle at the time of arrest as the current criminal, the arrest of the above flagrant offender is illegal, and the act of the defendant who resisted against this principle is justified as a legitimate defense.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

3) The Defendant had a legitimate right to receive additional medical expenses due to the lack of agreement on G and medical expenses, and sent a text message to G to receive such payment.

Therefore, the defendant's act was a justifiable act that does not violate social norms.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact 1) The Defendant asserted the same purport in the lower court, and the lower court, on the grounds as indicated in its reasoning, attempted to commit an indecent act by force against the victim D, and assaulted the victim D.

The recognition was recognized.

In addition to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant is guilty in light of the circumstances stated by the court below.

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