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(영문) 서울중앙지방법원 2019.07.26 2018노3032
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not have the victim's her butt with her free will, and there was no intention to commit an indecent act because he or she had a physical contact with another person in a narrow space with another person in his or her movement.

B. The lower court unlawfully restricted the Defendant’s right to defense by illegally restricting the Defendant’s right to cross-examination against the Defendant’s victim, and by dismissing all the Defendant’s evidence as evidence. 2) The lower court did not properly examine the Defendant’s assertion itself and did not err in omission of judgment.

3) The place of committing the instant facts charged is not specified. C. The sentence imposed by the lower court on the grounds of unfair sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant forced the victim to commit an indecent act on the grounds stated in its reasoning.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

① The Defendant asserts that most of the victim’s statements are reversed, or that they are consistent with distorted or false arguments.

However, in full view of the statements made by the following victims, the victim has consistently made a statement that the victim was her her tample with his/her own descendants, and has credibility in his/her statement.

허리까지 더듬듯 감쌌는지 아니면 주무르듯이 만졌는지 등의 진술 부분은 표현상 약간의 차이일 뿐, 실질적으로 같은 내용으로 보인다.

㉠ 피해자는 D에 "양손으로 제 엉덩이부터 허리까지 더듬듯 감쌌습니다.

Lataland from Lata to Lata.

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