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(영문) 서울북부지방법원 2020.02.13 2019노1980
준강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to quasi-indecent acts, the Defendant discovered the victim who was divingd in the head of a taxi and did not commit an indecent act against the victim as described in the facts charged, by finding out that the victim was seated with his cell phone, and leaving the victim out, and did not commit an indecent act against the victim, as stated in the facts charged. (ii) In relation to special assault, the Defendant only confirmed the victim’s destination, and did not operate a taxi outside of the vehicle while the victim’s body was opened.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. 1) As to the assertion of mistake of facts, the following circumstances acknowledged by the court below in relation to quasi-indecent act by compulsion are as follows: (i) The victim made a considerable and detailed statement from the investigative agency to the court below on the background of the indecent act by the defendant, the situation at the time, the contents of the defendant's resistance, and the circumstances after the indecent act; and (ii) the defendant himself has contacted the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her her her hers hers her her her her her hers her hers her her her her her her her her her her her her her her her her her her her hers his her her her her her her her her own.

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