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(영문) 서울서부지방법원 2015.09.03 2015노306
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit an indecent act against the victim F as stated in the judgment of the court below, the court below found the Defendant guilty of the facts charged on the basis of the victim and G’s statements made at H investigation agency with no credibility and based thereon, there is an error of law by misunderstanding the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant is fully able to recognize the fact that he committed an indecent act against the victim as stated in the lower judgment, so the Defendant’s assertion of mistake of facts is groundless.

1) When the victim made several statements from the investigative agency to the court below, the victim made several statements from the investigative agency, “the defendant entered the entrance of the defendant, and continued to repair the victim and his her scam G at the entrance of the defendant, and the victim tried to scam the defendant. However, the defendant also scam in the scambling of the victim at once, and the defendant scam scam of the victim. The defendant was scambling after moving to the left side of the victim. The defendant was scambling, and the victim was scambling. The defendant was scam in the direction of the victim. The defendant was scambling about how to scam in the direction of the victim. The victim was scambling, and the witness was scam behind the victim's indecent act.” The victim made a very detailed and detailed statement that it is difficult for him to make a statement by a witness, even before and after the witness's statement is consistent with the victim's statement.

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