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(영문) 대전지방법원 2021.02.03 2020노169
강제추행등
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (as to the charge of forced indecent act among the facts charged), the Defendant pointed out the appearance of the victim B, her part, who is a part of the facts charged, with the Defendant’s remaining charges of believing that the victim’s statement that is suspected of credibility is unfasible, and that the Defendant believed that he was guilty of this part of the facts charged, by misunderstanding the fact that the victim’s face was kidy or kid, and that the victim’s face was not a victim’s face.

2) Even if the sentencing is not unfair, the sentence of the lower court (one hundred and twenty months of imprisonment, two years of suspended sentence, 40 hours of lectures to treat sexual assault, and 120 hours of community service) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. Determination as to the Defendant’s assertion of mistake of fact (as to forced indecent conduct)

A. The lower court also asserted that the Defendant was not guilty of this part of the grounds for appeal, and as to this, the lower court determined that the victim’s statement was specific and consistent, and credibility, although the victim’s statement was served in the party room with the victim at the time of the instant case.

E was unable to witness the Defendant’s indecent act

The court found the defendant guilty of this part of the facts charged on the ground that the defendant can sufficiently recognize the fact that the defendant committed an indecent act by force, taking into account the description of the situation at the time of the prosecution and the location of the occurrence of an indecent act corresponds to the statement of the victim.

B. The judgment of this court 1) In a case where the statements by the victim of the relevant legal principles are generally consistent and consistent with the facts charged, they shall not be rejected without any separate evidence to deem the credibility objectively acceptable, unless there is any other evidence to prove the credibility. In a major part of the victim’s statements, the victim’s statements are somewhat inconsistent with the statements concerning other minor matters.

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