(영문) 수원지방법원 2016.06.30 2015노6196 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 수원지방법원 2016.06.30 2015노6196

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact, there is no fact that the defendant misleads the victim D, who had been living together in prison, had the victim D, knenee, knee, fit the defendant's sexual organ, and made the victim enjoy his/her fingers, thereby making his/her hand fit his/her hand, and making the victim commit an indecent act by force.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement of the victim without credibility, etc., thereby misleading the facts and adversely affecting the judgment.

B. In light of the overall circumstances of sentencing, the lower court’s sentence that sentenced eight months of imprisonment is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of fact is based on the evidence duly admitted and investigated by the court below, i.e., the victim D, from the investigative agency to the court of the court below, stating that “The victim D, from the investigation agency to the court of the court of the court below, was punished by imprisonment with prison labor for not understanding that the Defendant was able to express her frightly and frightly, as the first day of the first day when the Defendant was admitted to the Ansan prison C, and that “I would not understand the degree of kis in this context,” and that “I would not understand the degree of kis.

On September 13, 2014, the next day, around 06:00 on September 13, 2014, the defendant entered the Defendant's cold and frozen, making the Defendant knene and fit himself.

Defendant 1, on October 10, 2014, 12:00, 12:00, 12:0, 200, 200:

In addition to the phrase "A. d.", the fingers were sent back to others by inserting the hand.

"The statements were made", which means that the statements are consistent, specific and specific, and there is no way to find a false statement; ② At the same time, E, F, G, and H, which had been under the influence of the same room, have the victim enter the Republic of Korea in a cold and frozen manner while entering the Republic of Korea, and two people move back in the Republic of Korea.

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