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(영문) 인천지방법원 2017.12.15 2017노2033
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the misunderstanding of the fact of forced indecent act, did not know that the victim E’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Nevertheless, the judgment of the court below which found the defendant guilty of the forced indecent act among the facts charged of this case is erroneous by mistake.

B. Even if the Defendant was found guilty of all the charges of this case, the sentence of the lower court (the imprisonment of six months, the suspended sentence of two years, the community service order of 80 hours, the order to attend a sexual assault treatment lecture 40 hours, and the order to attend a alcohol treatment lecture 40 hours) is too unreasonable.

2. Determination

A. The Defendant alleged that the victim E’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In addition, in full view of all the evidence duly admitted by the court below and the trial court, the defendant is sufficiently convicted of committing an indecent act among the facts charged in this case.

Therefore, the defendant's assertion of facts is without merit.

B. The fact that the Defendant had a record of being punished by a fine due to the same kind of crime as to interference with business affairs, and that the Defendant was found to have denied the instant forced indecent act, etc., which is disadvantageous to the Defendant.

However, the defendant has no special criminal record except a fine, and the crime of coercion of this case is an indecent act.

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