(영문) 광주지방법원 2018.08.22 2017노3872 | 리걸엔진

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(영문) 광주지방법원 2018.08.22 2017노3872

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant is a sexual assault treatment program for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as stated in the crime No. 5 and No. 6 of the List of Crimes No. 5 and the annexed Table No. 6, committed an indecent act by forcing the victim F (a string; hereinafter the same shall apply) to wear the strings of the victim F, or committing an indecent act by force by deceiving the victim’s bucks. The judgment of the court below convicting the Defendant of all of the facts.

2) The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, one year of observation of protection, 40 hours’ attendance order for sexual assault treatment and 120 hours’ community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court below, the Defendant’s indecent act against the victim F as stated in the crime No. 5 and No. 6 of the List of Crimes is recognized, and the Defendant’s assertion of mistake is without merit.

1) The victim has consistently stated his clothes, specific circumstances, etc. at the time of committing the crime No. 5 of the annexed Table 5 from the investigative agency to the court of the court below. The victim’s statement also conforms to the photographs taken at the time.

2) The victim, immediately after receiving the damage caused by the crime No. 6 of the attached list of crimes, buckbucks, i.e., “I ambbbbbs..........................., the above me did not seem to have been fabricated ex post facto (the defendant). In light of the fact that the above me stated the contents of the classes that took place on different days in the same page as the above me, and that the me would have different tools used, etc., the victim’s statement on the process of preparation of the above me could not be believed. However, even if it was possible for the defendant to take lessons after stating the above me. As such, the defendant’s statement on the process of preparation of

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