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(영문) 대구고등법원 2013.12.18 2013노328
강제추행상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be prevented from repeating the crime.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that assaulting the victim E, such as the statement in the judgment of the court of first instance on mistake of facts, or in the process, there is no indecent act against the said victim E.

B. At the time of each crime of the first and second judgment of the court below, it was in a state of mental disability under the influence of alcohol.

C. The sentence of unfair sentencing (the imprisonment of the court below 2 years and six months, and the imprisonment of the court below 2 years and the imprisonment of the court below 2 years) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for the above appeal due to a consolidation of authority, the defendant filed an appeal against the judgment below ex officio, and this court decided to hold concurrent hearings. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all of its reversal.

However, there are such reasons for ex officio reversal.

Even in the case of the defendant's assertion of mistake of facts against the judgment of the court of first instance and each claim of mental disability against the judgment of the court of first instance against the judgment of the court of first instance is still subject to the judgment of

B. In light of the evidence duly adopted and examined by the court below and the result of verification of CCTV video recording CD in the convenience point court, the defendant, as to the assertion of mistake of facts, denied the point of indecent act by compulsion as stated in Paragraph (1) of the judgment of the court of first instance, but comprehensively taking account of the evidence, especially the victim’s written statement of the police and the result of verification of CCTV on the convenience point in the trial court, the defendant, as stated in Paragraph (1) of the judgment of the court of first instance (hereinafter in this paragraph, referred to as “victim” is not distinguishable from other victims, but merely referred to as “victim”), spawned the Defendant’s left face on the part of the victim E, which spawn the coffee.

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