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(영문) 대구지방법원 2021.03.23 2020노2343
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of facts (voluntary indecent act among the facts charged in the judgment below 2020 order 108 case) did not forcibly commit an indecent act on the part of the victim.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, order to complete a program, and restriction on employment) is too unreasonable.

2. Determination

A. The Defendant and the defense counsel at the lower court argued to the same purport, and the lower court rejected the allegation by stating in detail the determination of the Defendant and the defense counsel at the lower court under the title of “determination on the Defendant and the defense counsel’s assertion” in the judgment.

Examining the judgment of the court below in a thorough manner with the evidence duly adopted and examined by the court below and the evidence as follows, the judgment of the court below is just and there is no error of misunderstanding of facts as pointed out by the defendant.

1) The victim, from the police to the court of the court below, expressed very detailed and biologically the Defendant’s indecent act and the content of the damage therefrom.

The statement of the victim is not known without direct experience, and it is reasonable to explain the situation.

The victim's statement does not conflict with other evidence, such as the Kakao Stockholm conversation attached to K's statement or investigation report (the contents of the Kakao Stockholm conversation with the president of the news report on the day of the case submitted by the victim). There seems to be no motive or reason to make a false statement against the defendant.

2) At the time of the instant case, the victim got off the Defendant while locked, and conversations with the president of the news report and the Kakakao Stockholm with respect to forced indecent acts, and the contents of the conversation are as follows: “I am only after the above, I am son, I am son, I am son,” and “I am son.”

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