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(영문) 수원지방법원 2016.07.14 2015노6905
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant, while scaming at the studio of a knife club, demanded the victim to leave the studio, and did not rhm the knife of the knife, and had a little physical contact with the knife.

Even if there was an inevitable act to show the damaged person out of the room, there was no intention to commit an indecent act.

Nevertheless, the lower court found the Defendant guilty of the instant charges on the grounds of the statement of the victim F, etc. without credibility, thereby misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the criminal defendant was not subject to criminal punishment for sex offense, and the victim caused physical contacts by suffering a short string in the age club at the new wall time, etc., the sentence of the lower court that sentenced a fine of KRW 2 million is too unreasonable.

2. Determination

A. (1) The judgment on the assertion of mistake of facts is based on the evidence duly adopted and examined by the court below, namely, the following circumstances that can be recognized by the court below. ① The victim F from the investigative agency to the court of the court below to the court of the court below: (i) the defendant, who was sitting in the studio in the studio because the defendant was not in mind and was about to sit in the studio, tightly and string the straw and string the straw at several times; and (ii) reported 112 at the studio.

“The statements were made that the statements were consistent, specific and specific, and there were no circumstances to make a false statement, and ② at the time the injured person was sexually indecent act against the waz in the studio and the corridor.

prescribed in subsection (1).

The statement is consistent with the statements of the victim, and the defendant is investigated by the police, and the defendant is "In general dialogue with the victim."

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