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(영문) 서울동부지방법원 2017.05.25 2016노2037
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was aware of the fact that he did not commit an indecent act on the part of the victim by getting up his body and getting up his body centered on his body. The Defendant did not intend to commit an indecent act.

(2) The sentence of the lower court’s improper sentencing (an amount of KRW 4 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts: (i) the victim did not think that the Defendant did not look at her her butt, and did not think that her was in contact with her.

The statement, ② Esclas was operated normally in CCTV images, and there seems to be no situation that would lose the center of body as argued by the Defendant, ③ When the Defendant was investigated by the police on the day of the instant case, the Defendant “I am off another idea, and am her her am, who was placed in rubber her am, her am.

The statement was made only by the Defendant, and did not make a statement that he lost the center, and rather, at the time, the police officer did not have any reason to contact the Defendant with his her son.

In consideration of the fact that “the defendant was asked,” it may be sufficiently recognized that the defendant had the intention to commit the crime.

B. The judgment of the court below as to the wrongful determination of the defendant and the prosecutor's argument on the sentencing of the crime of this case where the defendant committed an indecent act against the victim at Escrain and assaulted the victim who sculbling breath, and the victim wanted punishment against the defendant. However, the degree of indecent act and assault by the defendant is not limited, but the defendant did not have a criminal record, and considering all the conditions of sentencing as shown in the argument of this case, such as age, sexual behavior, environment, etc. of the defendant.

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