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(영문) 대전지방법원 2017.08.30 2017노1605
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of the misunderstanding of facts did not commit any indecent act, such as the entries in the facts charged in the instant case.

B. The punishment of the lower court (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts: (i) the victim D and the victim E are relatively consistent and specificly stated by the investigative agency about the background and process of forced indecent act from the investigative agency to the lower court; (ii) the method and content of the prosecution record (which means the 16 to 20 pages, 32 to 36 pages, 76 to 78, 88, and 90 of the trial record), and (iii) the victim D and the victim E are likely to make a false statement when the Defendant is expected to be subject to criminal punishment.

The facts that it is difficult to find any material, ③ the statements made by the F by the victim D with respect to the said forced indecent act as the victim D’s wife are deemed to correspond to the statements and substitutions of the victim D and the victim E (Evidence Nos. 46 through 49 of the evidence record, No. 97 through 100 of the trial record). ④ The victim E did not work for the F any longer in G restaurant after the instant case occurred.

Comprehensively taking account of the fact that the defendant seems to have committed an indecent act against the victims as stated in the facts charged in the instant case (37 pages of the evidence record).

full recognition may be accepted.

Therefore, the defendant's assertion of mistake is rejected.

B. As to the unfair argument of sentencing, there is no record that the defendant was punished for the same crime, and there is a family member to support.

However, the crime of this case was committed by force against women, and its nature is not good in light of the method, content, and degree of indecent act, etc., and the defendant did not make a strong reflective act.

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