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(영문) 서울중앙지방법원 2019.09.06 2018노3227
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have any physical contact with the victim. The victim stated that he was forced to commit indecent acts between March 23, 2017 and March 14, 2017, as well as the crime committed on March 23, 2017, but the Defendant and the victim did not have any health care during the same time period. Although the victim stated that there was no physical contact with the victim at the time of the instant crime, the victim did not have any health care at the same time, the victim stated that there was no physical contact with the victim, the victim’s statement was about 10 persons during the said time, and that there was no credibility. 2) The sentence (one year of imprisonment with prison labor and one year of suspended execution) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court convicted the Defendant of the facts constituting an offense in the judgment of the lower court on the grounds that the Defendant’s assertion of mistake of facts is based on the following: (a) the victim made a concrete and detailed statement on the details and contents of the indecent act committed by the victim; (b) the consistent main contents of the statement are consistent; (c) E, a witness, also appears to have no particular reason or motive to make a false statement in light of the relationship between the Defendant and E; and (d) the victim and E, even in the text messages given and received with the victim, the victim’s indecent act was committed by the Defendant; and (b) the victim and E did not seem to have been given and received for the use of the above text

In light of the following circumstances acknowledged by the court below and 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 justified.

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