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(영문) 서울중앙지방법원 2021.01.22 2020노1781
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The judgment of the court below that found the defendant guilty on the ground that the defendant did not have committed an indecent act by force against the victims and did not have committed an indecent act by force against the defendant was erroneous.

B. The sentence of the lower court’s unfair sentencing (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In the lower court’s assertion as to the factual mistake, the Defendant alleged the same as the above facts, and explained the grounds for the lower court’s determination as to the conduct from No. 11 to No. 13 of the judgment. The following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court, i.e., ① the Defendant was the victims and witnesses at the time of the instant case, and thus, the Defendant could accurately grasp the present situation at the time of the instant case.

Although it is difficult to see that each of the statements was not reliable, the victims and witnesses at the time of the instant case were in a state that they met to the extent that they did not properly recognize the defendant's behavior or objective situation at the time of the instant case.

It does not seem that the case was occurred while the defendant was approaching the victims. ② The witness of this case who was present as witness at the court of the court below as witness of this case is a third person with no relationship with the defendant or victims, and the F seems to have no reason to make a false statement for the victims until he is at risk of the crime of false accusation. The F's statement is consistent with the victim's statement, and according to the victim's statement and F's statement, the fact that the defendant committed the act of false accusation can be sufficiently recognized.

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