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(영문) 서울중앙지방법원 2017.04.14 2016노5043
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 피고인은 술에 취해 걷다가 갑자기 방향을 튼 피해자와 부딪히면서 팔이 흔들렸고, 피해자와 부딪힌 피고인의 팔이 피해 자의 휙 도는 힘에 의해 피해자의 몸 쪽으로 밀려 뻗어지게 되었던 것일 뿐, 추 행의 범의로 피해자를 만진 것이 아니다.

B. Legal reasoning is that the Defendant’s arms face with the victim on the alleyway, and these acts do not constitute an act of causing sexual humiliation or infringing on the victim’s sexual freedom.

No defendant shall be recognized as having intention to commit an indecent act.

(c)

The punishment of the court below is too heavy.

2. Determination

A. In light of the following facts and circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court’s determination that the Defendant’s arms was shaken or pushed down, by adding up the contents of the lower judgment to the fourth sentence of the evidence of the lower judgment.

It is difficult to see that the defendant partially in part, and can recognize the fact that the victim's sacrifies by hand, and it can be recognized that the defendant had such intention.

The judgment of the court below is justified.

1) 피해자는 경찰 조사 때부터 ‘ 피고인이 손으로 허리를 감쌌다.

In the lower court’s trial, the lower court stated that “I am satisfy and satisfy,” and satisfy.

A man-friendly Gu seems to have been aware of the inside of the past.

“The lower court made the statement.”

Madden Madden Madden

the defense counsel’s question

He sawd and frighted, and frightd by the side.

“At the time of interrogation,” specifically stated the perceptions at the time.

2) At the time, male-friendly G of the victim, who had been suffering from the victim’s left hand in the victim’s side, was directly witnessed in investigative agencies and the court below’s trial that “the defendant seems to have a part of the victim’s dead body outside the body.”

The victims shall be the victims of Tuesa.

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