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(영문) 서울고등법원 2019.08.30 2019노1089
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not forcibly commit an indecent act against the victim.

Even if the facts of indecent act by compulsion are acknowledged, the injury suffered by the victim is irrelevant to the defendant, and the degree of minor and natural cure can be cured, so it does not constitute the injury of the injury caused by indecent act by compulsion.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in mistake.

B. The sentence imposed by the lower court (two years and six months of imprisonment, four years of suspended execution, etc.) is too unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts that there was no indecent act by force against the victim, the lower court also asserted the same as the grounds for appeal in this part. The lower court determined that the Defendant could have committed an indecent act by force against the victim by taking account of various facts and circumstances described in Article 2-A of the “Determination on the Defendant’s and his defense counsel’s assertion” of the lower judgment. In view of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court, the lower court’s determination that the Defendant committed an indecent act by force against the victim is just and acceptable, and there is no error of law that affected the conclusion of the judgment due to misconception of facts. This part of the Defendant’s assertion is without merit) The Defendant did not coincide with the victim’s statement on the specific details and contents of the indecent act at the time of the instant crime, and the victim brought about the victim’s sexual intercourse by the Defendant to the lower court until it reaches the lower court’s trial, which led to the Defendant’s loss by force.

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