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(영문) 서울서부지방법원 2017.11.30 2017노1035
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while under the influence of alcohol, was under the influence of alcohol, was faced with a narrow space without a prompt mind, but the Defendant was not able to talk with the victim.

The court below found the victim guilty of the facts charged in the absence of consistency with the victim's statement. The court below erred in the misapprehension of facts.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts in this case, the defendant was under the influence of alcohol at the time of the crime in this case; the victim was under the influence of alcohol by the defendant; the victim was under the influence of the defendant's hand while the defendant was under the influence of the defendant; the victim's statement as to the damaged fact that the defendant was under the influence of the defendant; the defendant was under the influence of driving away from his hand; the victim's statement about the damaged fact that the defendant was under the influence of the defendant; the defendant was consistent from investigative agency to the court below to the court below; the victim's statement about the damaged fact that the defendant was under the influence of the victim; the victim's personal injury was also consistent; the victim's statement about the victim's personal injury was also consistent with the victim's statement; the above facts and the defendant's personal injury was spread back to the victim's hand; and the victim's statement was not found to have any circumstance to suspect credibility of the victim's statement.

full recognition may be accepted.

Therefore, there is an error of law by mistake of facts in the judgment below

Since this part of the defendant's assertion cannot be accepted.

B. There is no new circumstance that considers the sentencing after the judgment of the court below regarding the unfair argument of sentencing.

The defendant has no record of being punished for the same crime, and the method of prosecution is relatively important, but the defendant is able to receive a letter from the victim.

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