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(영문) 수원지방법원 2017.06.15 2017노1738
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant merely made the victim E with a Marina, and did not commit an indecent act against the victim in the process.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.

B. The sentence of the lower court’s sentence that sentenced the Defendant to an order to complete a sexual assault treatment program for one year and forty hours of imprisonment is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged that the victim was Maro-matha and did not commit an indecent act against the victim in the process, as alleged in the grounds of appeal. The lower court determined that the victim was forced by the Defendant, as stated in the facts charged, from the investigative agency to the lower court.

A consistent and specific statement is made, there is no reason to make a false statement that causes harm to the defendant while taking charge of punishment for perjury, and there is no reason to open the statement to the victim's false statement. In light of the victim's attitude of statement in the court of original trial, etc., the victim's statement is reliable. ② The victim's statement is credibility in the statement in the victim's statement. ② On the same day after the victim was Maroma, the victim made a statement to the Internet bulletin board and made an interview with the sexual assault counseling agency (man's telephone) to file a complaint, and reported it to the police according to the procedure to inform the counseling agency. The victim's consultation and report are natural, and the contents of the victim's statement and consultation are consistent with the victim's investigative agency and the court of original instance, ③ The victim's forced indecent act is committed by the defendant for two hours.

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