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(영문) 창원지방법원 2016.08.25 2015노2791
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed an indecent act by force against the victim G, the lower court determined otherwise and found the Defendant guilty of an indecent act by force. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. As to the punishment of the lower court’s judgment (two years of suspended sentence in August, and forty hours of lectures to treat sexual assault), the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. According to the evidence duly adopted and examined by the court below and the court below, the following facts are acknowledged.

1. The injured party, in the course of the investigation and the court of the court below, “The accused forced himself who had dancing at the stage to go to the tables of the accused.”

The defendant was seated as he was pushed down on the table, and he was able to do so on the side of a man who was seated on the table.

One of the male, who was seated on the upper table, was able to look at his own right chest as he was in the front of clothes, and the defendant was able to take the body above, and the defendant was able to look at his left chest as he was in the front of clothes.

Whether the defendant has " several female persons" or not

1. The Defendant asked “three persons”, and the Defendant saw her shoulder as a knife and took her shoulder as a knife while having “a knife.”

He talked about the help of one person who was engaged in the stage to P, and the P and the defendant have been able to bring about a dispute in the process of assisting P to himself.

Since then there was a claim against the defendant for the delivery of his chest outside of the main place, and whether the defendant has " what is to be delivered" to him.

“A” with an insulting speech, the Defendant’s bucked first at one time with her cream.

“The statement was made to the effect that it was “.”

(2)

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