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(영문) 대전지방법원 2020.05.20 2020노720
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In order to prevent the victim E from exceeding, the Defendant’s hand-confiscing the victim’s left chest, and the Defendant’s hand-confising the victim’s left chest. However, this was inevitable in the golf course, and the Defendant did not have the intent of indecent act by compulsion. 2) In addition, the Defendant’s indecent act was found to have been committed on the part of the victim F (the name of the victim) after having contacted the victim F with his chest, but there was no fact that the Defendant’s sexual organ was included in the victim’s son, or the Defendant’s sexual organ was her son.

However, it is difficult to view that there was an indecent act committed while emphasizing that golf loans should be installed in front of the golf course, although the victim's service was limited, it is difficult to say that there was an indecent act.

3) The lower court’s judgment convicting all of the facts charged of this case, which is contrary to the presumption of facts against the rules of evidence, was erroneous by misapprehending the legal principles, or thereby adversely affecting the conclusion of the judgment. However, even if the order of unfair sentencing is not so imposed, the lower court’s punishment (a period of eight months and forty hours in imprisonment, order to complete sexual assault treatment programs, and order to restrict employment for three years is too unreasonable.

2. We examine the judgment of the court below on the assertion of mistake of fact, and the defendant argued to the same purport as the grounds for appeal of mistake of fact. In light of the circumstances as stated in its reasoning, the court below found the defendant guilty of all the charges of this case on the ground that the defendant can sufficiently recognize the fact that he committed an indecent act against the victims as stated in the facts of each crime in the judgment of the court below, and in light of the circumstances and circumstances, etc., the intention of indecent act against the victims is also recognized. In light of the records, the court below's judgment is just.

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