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(영문) 서울고등법원 2014.02.06 2013노2275
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of paragraph (2) of the judgment of the court below, it is recognized that the defendant committed the crime of bodily injury by causing the victim to suffer bodily injury by making the victim aware of the victim's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's ''' and 's 's 's 's 's 's 's 's 's ''

B. Prosecutor - The sentence imposed by the lower court on the Defendant (three years of suspension of execution in two years and six months of imprisonment) is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. On July 17, 2012, around 11:00 on July 17, 2012, the summary of the facts charged in this part of the crime of indecent act by compulsion as stated in Paragraph (1) of the lower judgment, the Defendant: (a) was in the Eca of the victim (the victim (the victim (the 49-year-old), who was located in Macheon City, asked the location of the toilet to the victim; (b) was hump the victim’s chest; and (c) took one time the victim’

(2) As to this part of the facts charged, the Defendant consistently asserted that the victim’s chest did not appear at the same time and place from the investigative agency to the trial.

(3) The evidence conforming to this part of the facts charged is the victim's investigative agency and the court below's statement. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, it is difficult to find the defendant guilty of this part of the facts charged that the victim's chest was delivered, and there is no other evidence to find the defendant guilty of this part of the facts charged.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous.

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