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(영문) 서울북부지방법원 2017.12.14 2017노1277
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, who is aware of the summary of the grounds for appeal, has taken the victim into five times the singing room in which the instant case occurred in order to fight the victim and B and C, and there is no fact that the victim was scambling or scambling the victim with no scambling or scambling the victim with no scambling.

The sentencing of the court below (the imprisonment of one year, two years of suspended execution, the community service order of 80 hours, and the order to attend a sexual assault treatment lecture of 24 hours) is too unreasonable.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of the facts as to the grounds for appeal, the lower court can recognize the fact that the Defendant led the victim from No. 1 to No. 5 in “F singing room” and led the victim to the victim’s her hand, as stated in the facts constituting the crime in the lower judgment, her hand, her the victim’s neck, her hand, her hand, and her hand, her injury the victim and forced him/her to commit an indecent act.

Therefore, this part of the defendant's argument is without merit.

① The victim consistently testified to the investigation agency and the court of the court below that “the defendant led the victim from No. 1 to No. 5 in his room, took the victim’s neck with her hand and hand at the victim’s place, “it shall be known that she will undergo a further education, and be engaged in work.” The victim made a statement to the effect that she would be injured, and she made a detailed statement to the effect that she would inflict an injury on the victim and commit an indecent act, the circumstances before and after her behavior, response to the victim, etc.

② On December 4, 2015, the victim was diagnosed on the face, such as undermining the integrity of the face, dypology, etc., and after the date of the occurrence of the instant case, the victim’s negligence was observed on the part of the victim.

③ According to the details of the sending recorded on a cell phone of the victim.

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