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(영문) 서울고등법원 2020.01.30 2019노1609
강제추행
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, there is no fact that the accused and the respondent for the attachment order (hereinafter referred to as the "defendant") committed an indecent act against the victim.

Unlike the statement in the investigation agency in the court below, the victim changed the core contents of damage.

There is an error of misconception of facts in the judgment of the court below that found the credibility of the statement of the victim without consistency and convicted of the facts charged of this case.

The lower court’s sentence of unfair sentencing (two months of imprisonment, etc.) is too unreasonable.

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

In regard to the Defendant’s assertion of mistake of facts regarding the Defendant’s case, the lower court acknowledged the credibility of the victim’s statement on the grounds of the reasons stated in Articles 3 through 5 of the lower judgment, and determined on this basis that the Defendant’s indecent act against the victim was proven to the extent that there was no reasonable doubt

In light of the evidence duly admitted and investigated by the court below, this decision of the court below is justified.

In the police investigation, the victim stated that “I am knhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

However, it is difficult to view that the difference in the victim’s statement alone reversed the content of damage or changed the core part.

The credibility of the victim's statement that the defendant was forced to commit indecent acts by force may be sufficiently recognized.

The court below did not err in misconception of facts as alleged by the defendant.

The defendant's assertion in this part is not accepted.

On the argument of unfair sentencing by the defendant and prosecutor.

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