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(영문) 인천지방법원 2020.11.27 2020노662
강제추행미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two months of imprisonment, two years of probation, 40 hours of probation, and 3 years of employment restriction order) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including the violation of the Act on the Punishment, etc. of Sexual Crimes) and the evidence submitted by a prosecutor, it is reasonable to deem that the defendant had an intent to satisfy his sexual desire at the time of entering female toilets. Nevertheless, the court below erred by misapprehending the fact that the court below acquitted the Defendant of this part of the charges. 2) The above

2. Determination

A. According to the evidence adopted and examined by the court of the court below, the court below's determination of the court below 1) judged that the defendant entered a male toilet and entered a female toilet for about four minutes, but although it is recognized that the defendant consistently stated from the investigation agency to the court of the court of the court below that "the defendant reported urines to the effect that "the defendant has consistently failed to meet the toilet indication and reported urines", and that the defendant reported urines in the toilet. In light of the fact that the defendant was about four minutes of urines, it is difficult to see that the defendant went into the toilet to satisfy the sexual purpose, and there is no evidence consistent with the fact that the defendant went into the toilet for sexual purpose, the court below found the defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant went into the toilet for sexual purpose without reasonable doubt. 2) In light of the records of this case, the court below's determination of the court below is examined closely.

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