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(영문) 서울고등법원 2015.07.16 2015노873
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts or misunderstanding of legal principles by means of using the part of the victim's arms.

Even though the defendant had contacted the part of the victim's arms, since this is too short, the above defendant's act does not constitute "indecent act" in the crime of indecent act by compulsion.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On June 21, 2014, the summary of the facts charged in the instant case: (a) the Defendant committed an indecent act by force against the victim G (n) who was an employee of “F” in the 19:30 on the orders of food in the 19:30 on June 21, 2014, by making the victim feel a sense of shame, i.e., “I am another, making the victim feel a sense of shame; and (b) making the victim feel a sense of sense of shame, such as “I am.

B. In full view of the following circumstances revealed by the evidence duly admitted and investigated, the lower court convicted the Defendant of the instant facts charged on the ground that the Defendant could recognize the facts of indecent act by force, such as the record of the instant facts charged.

① At the time of the instant case from the investigative agency to the court of the court below, the victim made a concrete and consistent statement from the investigative agency to the court of the court below regarding the horses and actions of the Defendant.

② According to CCTV installed at the place where the crime of this case was committed, the defendant can check the surface of the part in which the defendant used the elbow to use the elbow through his left hand.

③ In light of the fact that the Defendant had the intent to commit an indecent act as seen above, in light of the fact that the Defendant had expressed a speech that could be seen as sexual harassment against the victim and that the Defendant had engaged in any other sexually meaningful act.

(4) A defendant;

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