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(영문) 광주지방법원 2016.10.05 2016노10
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below erred in the misapprehension of legal principles or erroneous determination of facts, although the defendant was not forced to commit an indecent act, such as exempted from the victim's standing and exempted from the victim's chest by hand.

2. The following circumstances acknowledged by the judgment of the court below and the court below duly adopted and examined by the court below, namely, the victim consistently stated to the effect that “the defendant tried to go out of the house by getting out of the house, and the defendant forced to go out of the house after getting off the victim’s chest after getting out of the house,” and that “the victim’s chest was forced to go out of the house after getting out of the house,” and the victim’s attitude of statement in the court of the trial at the court of the trial, etc., can be fully recognized by the defendant as stated in the judgment of the court below.

Therefore, the judgment of the court below is just, and the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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