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(영문) 대전지방법원 2017.05.17 2016노3745
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fact-misunderstanding and coercion of the misapprehension of the legal doctrine, a person who took charge of the victim C’s grandchildren, made sexual remarks is not the defendant but the defendant, and the defendant merely made the victim’s grandchildren to speak the ditches arising between the victim and the J.

Therefore, the above act by the defendant cannot be deemed as an indecent act that may cause sexual humiliation to the victim, and there was no intention to commit an indecent act against the defendant.

However, the lower court found the Defendant guilty on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program for 16 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, i.e., ① the defendant and his/her behavior who want to drink in the parking lot managed by the injured party and to have a dispute between them.

In other words, the defendant made the victim's diversity and humiliation, and made the victim's kiversity and sexual remarks.

Along with the fact that a police officer who was dispatched to the scene of this case after receiving a report 112, the victim demanded punishment if the police officer was insultd and forced indecent act by the defendant (the 23th page of the investigation record), ③ the defendant also acknowledges the fact that the victim's loss was committed on two or three occasions, ④ the defendant stated that one of his own behaviors committed an indecent act against the victim from the time when he was investigated by the investigative agency, but the defendant did not clearly specify his behavior (as for the investigative agency and the court below, "K" and "JJ" in the trial.

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