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(영문) 부산지방법원 2019.09.06 2019노838
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The sentence of an unreasonable sentencing (eight months of imprisonment, two years of suspended sentence, etc.) of the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court as to the assertion of mistake of facts: (i) the victim has consistently stated the facts of damage from the investigative agency to the court below; (ii) the victim’s statement from the investigative agency to the court below; (iii) there is no reasonable or contradictory part in light of empirical rule in light of the victim’s statement; and (iv) the victim’s statement was the victim’s statement to the effect that he/she is fit for the victim’s injury; (iii) the victim’s statement corresponds to the victim’s statement; (iv) the victim was informed of his/her injury to the C Attorney-at-Law and E-law around February 6, 2018, after the occurrence of the case; and (iv) the victim stated the damage in the process of investigating sexual harassment in the workplace conducted by the attorney-at-law association and the attorney-law working at the law firm and the staff; and (v) obtained the victim’s statement with the help of the victim; and (v) the victim’s motive and circumstances leading the victim did not have any special reasons for finding.

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

On the other hand, the court below adopted an investigation report (the E.S. No. 13) as evidence, and the above investigation report was not consented by the defendant as evidence and was made on the day of preparatory hearing or public trial.

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