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(영문) 전주지방법원 2016.11.10 2016노870
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the background leading up to a mistake of facts by the victim E to the crime of indecent act in this case, the victim’s testimony at the lower court, and the victim’s written application for coal submitted to the lower court, etc., the victim’s investigative agency testimony that corresponds to the facts charged cannot be trusted, and the K and T’s testimony at the lower court may not be different from the testimony of other acts, such as where it is unclear and V,

Nevertheless, the court below convicted all of the charges of indecent acts by compulsion in trust by reliance on their testimony. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, 40 hours of order) is too unreasonable.

2. Determination

A. The lower court’s judgment on the assertion of mistake of facts: (a) the following circumstances acknowledged by the evidence duly adopted and investigated; (b) the victim E, a victim E, a specific and consistent statement from an investigative agency to a court of the lower court on behalf of the victim E, and its credibility can be recognized; (c) K testified at the court of the lower court that the victim E, was present at the victim E’s chest at the house of the lower court; and (d) T went back to the investigative agency, the Defendant’s house, and the Seocheon.

At this time, in front of the convenience point, the defendant testified that he had observed an indecent act by drinking the victim E's chest, and in the court of the court of the court below, he testified that he was true in the investigative agency. The circumstances that he made a false statement consistent with the facts of each indecent act by force as stated in the victim E's statement and the judgment, and the circumstances that he made a false statement in substitution for the facts of the crime of each indecent act by force, and ③ V, W, X stated that he did not dice as in the house with the defendant and the victim E, but on the date of the crime, V et al.

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