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(영문) 서울북부지방법원 2019.07.25 2019노534
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not forcibly commit an indecent act against the victim. Defendant 1 did not have credibility of the victim’s statement, and even if the victim’s single-book did not record that the Defendant committed an act identical to the facts charged, the lower court convicted the Defendant. The lower court erred by misapprehending the facts. 2) The lower court’s sentence on the Defendant of unreasonable sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible.

2. Determination on the grounds for appeal

A. The victim's statement of the victim's assertion of mistake of facts is deemed to have high credibility in light of the fact that the victim's statement of the victim's assertion of mistake of facts is considerably specific and consistent and that the content of the victim's statement at that time conforms to the contents of the victim's statement. In full view of the evidence duly examined by the court below, the fact that the defendant committed an indecent act such as

Therefore, this part of the defendant's argument is without merit.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.

In full view of the following factors: Defendant’s age, character and conduct, background leading to the commission of the crime, means and methods of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is too heavy or unreasonable because it goes beyond the scope of discretion.

Therefore, the defendant and prosecutor's argument are without merit.

3. Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, on an ex officio decision on an order for employment restriction under the Act on Welfare of Persons with Disabilities, is deemed to operate welfare facilities for persons with disabilities or to be employed by welfare facilities for persons with disabilities during the period of employment restriction, and Article 59-3 of the same Act,

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