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(영문) 수원지방법원 2015.10.27 2015노1713
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. In fact, the Defendant committed an act of self-defense in the following behind the victim, and there is no fact that the victim was her her butt with his or her son suffering a fixed amount of money.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case on the ground of the victim’s statement, etc. without credibility as it was drunk and was unable to adequately memory the situation at the time, thereby misunderstanding the facts and affecting the conclusion of the judgment

B. In light of the fact that the Defendant has no record of criminal punishment, the degree of indecent act is not severe, and the injury is relatively minor, the lower court’s sentence imposing orders to complete sexual assault treatment programs for a period of 6 months and 40 hours is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal for ex officio determination.

The prosecutor applied for amendments to Bill of Indictment by changing the part of the facts charged in the instant case “in front of Sinpo City D” to “in front of Sinpo City I in the front of Sinpo City I”, and this Court permitted it, so the judgment of the court below is no longer maintained.

However, the defense counsel's assertion of mistake is still subject to the judgment of this court even though there is a ground for ex officio reversal.

B. The Defendant alleged that the lower court did not commit an indecent act against the victim in the judgment of the lower court, and the lower court rejected the Defendant’s above assertion on the grounds as stated in its reasoning. In light of the following circumstances, the lower court’s judgment is deemed justifiable and the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

(1) A victim shall be able to take the her appearance of the defendant, and the situation before and after him/her, etc. from an investigative agency to the court of trial.

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