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(영문) 수원지방법원 2016.01.05 2015노6405
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In a case where the Defendant misunderstanding of fact saw food and drinkd around C’s entrance in and around the Defendant’s dwelling room, C did not express that he did not refuse to do so, and even kis around the Defendant’s dwelling room, she saw a sudden reaction, such as the fluence and the inside of the house.

Since then C refers to the fact that the defendant is a small room, and the defendant has respondeded to it, and in such process, C's chest and her her her her her her her her her her her her her her b

Therefore, even if the Defendant’s act is not against C’s will, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged in the instant case on the grounds of the statement of C

B. In light of the fact that the criminal defendant committed the instant crime by contingency under the influence of alcohol, the sentence of the lower court that sentenced the order to complete a sexual assault treatment program for 4 months and 40 hours is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted that the victim was injured against the victim C’s will, and that the chest and her tock were not limited, and that the lower court recognized the credibility of the victim’s statement and rejected the Defendant’s assertion.

The statement of the victim is consistent with the investigative agency to the court of the court below, and is specific, and the victim was aware of the fact that he was living in adjoining areas in Ansan-si.

D seeing that the Defendant, who is the husband of his woman, drinks alcohol with the Defendant, and drinks alcohol, and continues to drink in the ward as the Defendant’s house, and the Defendant, between D and D, took the view of the victim, and the Defendant, who thereafter entered a small room to avoid tobacco.

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