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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.05.07 2019노1820
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is merely the victim's savebing of his/her savebridge to go beyond his/her personal mind, and there is no fact that the victim's save was saved with his/her chest

The statement of the victim is not reliable, and when CCTV images after the crime of this case occurred, it is difficult to view the victim's statement as a situation where the victim was frighten and frightened after being subjected to an indecent act.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the defendant's assertion of mistake of facts, the court below can be recognized by comprehensively taking into account the evidence lawfully adopted and examined, i.e., the following circumstances: ① the victim made a statement about the damaged facts since the police, and the content of the statement is relatively clear and detailed, and is hard to understand without direct experience; ② the victim knew his/her male-gu immediately after the instant case; ② the victim's male-child group called "at around 02:49:43 on the same day, the victim's male-child group called "(s) was sexually indecent act on the side of B B bridge"; ③ there was no awareness between the defendant and the victim; ③ the victim who attended the third grade of the middle school at the time reported the defendant as the criminal defendant's indecent act; ④ there is no special reason to view the victim's statement as an indecent act; ④ the victim's behavior cannot be seen to have been made in compliance with the victim's behavior after the victim's oral appearance, as the victim's testimony was made in front of the victim's bridge.

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