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(영문) 대구지방법원 2019.01.31 2018노2845
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed an indecent act by misunderstanding of facts (the attempted indecent act by compulsion) with the victim’s singing and soliciting the victim to sing and singing, and there is no fact that the victim attempted to commit an indecent act by inserting his arms in open cressing and cutting down.

B. The lower court’s sentencing (two years of imprisonment with labor for a term of six months suspension, one hundred and twenty hours of community service order, forty hours of attending lecture for treatment of sexual assault, two years of employment restriction order) is too unreasonable.

2. Determination

A. 1) According to the evidence examined by the lower court, the following facts are acknowledged. (A) On September 19, 2017, the Defendant: (a) around September 21, 2017, at the “C hotel” located in the “C hotel” located in Seopo-si, Seopo-si, Seopo-si, a lodging house located in the Gu Council member training.

While the victim was asked to open a door by telephone from the members of other women using the guest room together with the other women's room, the victim was mistakenly aware of the women's members, but the victim reported the defendant, "I am out of the shower while going off, and try to close the entrance."

B) In full view of the circumstances revealed in the above facts, the Defendant attempted to open the entrance to the victim, stating that “I am without South and North, I am son.” The Defendant attempted to open the entrance, put the door in an open door, and tried to build the door. The victim resisted 10 minutes to prevent the Defendant from entering the entrance. 2) In full view of the various circumstances indicated in the above facts, the Defendant intentionally attempted to open the entrance to the entrance and to enter the entrance, and attempted to commit an indecent act by inserting an open door into the victim’s cresh, thereby committing an attempted indecent act.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

B. The Defendant, as a Gu Council member, decides on the allegation of unfair sentencing, is between the Dong Council member and the training.

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