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(영문) 서울중앙지방법원 2020.06.11 2019노2478
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (a fine of five million won, etc.) is too unreasonable.

2. Determination

A. On June 27, 2018, from around 11:03 to 11:50 on June 27, 2018, the Defendant: (a) committed an indecent act by compulsion; (b) the victim, at the “D” restaurant operated by the victim of the cafeteria of Gangnam-gu Seoul building C, changed from the restaurant; and (c) the victim, who was suffering from the very short hump due to the defect, forced the victim to have his her her her her her her tum

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the following evidence.

C. 1) Of the facts charged in the instant case submitted by the public prosecutor, the victim’s statement and the witness F’s statement are directly admissible as to the indecent act by compulsion among the facts charged by the public prosecutor. Accordingly, the credibility of each statement is examined. A) The victim’s statement in the victim B stated in the investigative agency that “the defendant took the fright in the air conditioning, and fright in the presence of the police officer before the customer and the police officer are viewed.” However, the court of the court of the court below stated in the purport that “The defendant reported the J side on the front side of theJ, but the defendant et al. al., followed the Defendant.” The police officer called “I will not do so if you do so.”

B) The summary of the statement made by the witness F of the lower court was observed that the victim was her her gate while working in the lower court court. At the time when the Defendant became 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 but her her her

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