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(영문) 서울고등법원 2017.04.27 2017노216
강제추행상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) is only the victim G or H’s statement as evidence supporting each charge of misunderstanding of facts, misunderstanding of legal principles, and destruction of property.

In this regard, the court of the court below rejected the part concerning forced indecent act injury among their statements as being not reliable.

Therefore, in order to take the part related to violence and damage of property as evidence of conviction among these statements, it is necessary to present the basis thereof or to support it with reinforcement evidence.

Nevertheless, the judgment of the court below, without presenting the basis for reinforcement, adopted their statements as evidence without evidence, and recognized all the charges of assault and damage to property as guilty.

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles or misapprehending facts and affecting the judgment.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

B. Prosecutor 1) The part of the facts charged that the defendant misleads the defendant as to the facts charged of indecent act by force is proved by a reliable statement of the victim and witness.

However, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the court of the original judgment rejected all of its statements without reasonable grounds and judged that there is no proof of facts charged.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, in a case where the victim made a statement about the damage caused by the Defendant’s assault, damage to property or forced indecent act, the mere fact that the part relating to forced indecent act was rejected due to the lack of credibility was insufficient to believe, that the credibility of the rest of the assault and damage related to property was considerably

There is no reason to view.

Supreme Court Decision 2013Do666 Decided June 26, 2014, which presented the defendant's defense counsel's argument as the grounds for the argument.

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