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(영문) 서울중앙지방법원 2017.08.10 2017노1693
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act as stated in the lower judgment.

B. The lower court erred by misapprehending the legal doctrine by misapprehending the legal doctrine as stated in the lower court’s holding that the Defendant committed an act identical to the victim.

This does not constitute a forced indecent act.

(c)

Sentencing is unfair because the sentence of the lower court (4 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant's indecent act against the victim as stated in the judgment below is recognized. Thus, the defendant's assertion of mistake of facts is without merit.

B. The lower court, based on the evidence duly admitted and examined by the lower court, found the Defendant and the victim’s act to be the first day of the instant case, namely, the Defendant and the victim’s act were sent to the customer and the drinking room, and the Defendant’s proposal was put to singing. The Defendant’s act in a shop operated by the Defendant refers to the victim’s huckbbbbbbs K, and the Defendant attempted to attract the victim’s arms in a singing room, and even if the Defendant attempted to attract the victim’s arms in a singing room, he again brought the victim’s arms in the future, and used the victim’s arms, and the victim’s act was prevented, and the victim’s sexual humiliation was caused by the Defendant’s act.

In light of the fact, even if the defendant's act of using the victim as the victim's awareness is a purely indecent act, such act constitutes a forced indecent act, since the defendant's act not only violated the victim's sexual freedom but also can be evaluated as an indecent act in the general public's position such as the behavior of the victim.

The defendant's assertion of misapprehension of the legal principles is without merit.

(c)

Judgment on the unfair argument of sentencing is made.

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