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(영문) 광주지방법원 2016.08.24 2016노172
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (2 million won, confiscation, and 40 hours ordered to complete a sexual assault treatment program) is too unreasonable.

B. (1) According to the evidence submitted by the prosecutor, this part of the facts charged can be fully recognized according to the prosecutor’s misunderstanding of facts (indecent act by force).

Nevertheless, the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

(2) The sentence sentenced by the lower court is too unfortunate and unreasonable.

2. Determination

A. (1) The lower court found the Defendant not guilty on the grounds that the victim’s statement was contradictory and consistent as a whole, and that there was no other evidence to prove this part of the facts charged.

(2) The Defendant consistently denies the facts charged in the instant case, and the evidence that conforms to the facts charged in the instant case is the only fact for the victim’s statement. In light of the following circumstances, the lower court’s aforementioned determination is justifiable in light of the circumstances duly adopted and examined by the lower court.

Therefore, prosecutor's assertion is without merit.

(A) The victim reversed his/her statement on the same damage as stated in the facts charged.

피해자는 경찰에서 “ 제가 운전하고 있었는데 제 손을 잡아 자신의 성기를 만 지라고 하면서 제 오른손을 자신의 성기에 가져 다 댔어요.

Therefore, it is necessary to see some of the vehicles as soon as possible.

“The evidence record 2: 23 pages of evidence, 1/11 of evidence record).” In that context, the court of the court of the court of the court below is essential whether there was a fact that the defendant, while putting a witness at the seat of the defendant, had the defendant drawn up against the defendant’s sexual flag.

The prosecutor’s question “...” was answered to the prosecutor’s question (the page 34 of the trial record);

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