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(영문) 서울중앙지방법원 2012.12.26 2012노2961
강제추행
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The judgment of the court of first instance on February 2, 198, is unreasonable in determining the gist of the grounds for appeal (the judgment of the court of first instance on the grounds of lack of conditions of prosecution for the crime of indecent act by victim's complaint as it is impossible to file a complaint in accordance with the victim's criminal record because the defendant's use of force by force was the criminal intent to force the victim's indecent act by force).

A. According to the evidence duly admitted and examined by the first instance court and the first instance court, including the statement made by the victim E as a witness in this court as well as the evidence, the defendant can recognize the fact that the defendant committed indecent act by force on the part of the victim, such as the body parts of the victim's arms and legs, etc., when drinking together. Thus, the above argument by the defendant disputing this issue cannot be accepted.

B. As to the assertion of misapprehension of the legal principles, the defendant's assertion of misapprehension of the legal principle cannot be accepted in a case where his spouse either marries or pardons the adultery pursuant to Article 241 (2) of the Criminal Act, but there is no legal restriction that restricts the complaint as to the crime of indecent act by compulsion. Therefore, the above assertion by the defendant

C. As to the assertion on unfair sentencing, even though there are conditions for sentencing unfavorable to the Defendant, such as disregarding the victim’s express refusal of refusal on an opportunity where two or more victims were aware of the Defendant’s activities in the same club, and by compulsioning the victim into force, thereby causing considerable mental pain to the victim, the first instance court sentenced the Defendant, who is the first offender, by comprehensively taking account of various sentencing conditions favorable to the Defendant, such as: (a) there is no criminal power against the Defendant; (b) the Defendant appears to have committed the instant crime under the influence of somewhat under the influence of alcohol while attempting to communicate with the victim with sexual hosa; and (c) the Defendant has reached a favorable agreement with the victim during the trial.

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