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(영문) 서울남부지방법원 2013.05.30 2012노1981
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) With regard to the mistake of facts and misapprehension of legal principles, (1) the Defendant’s injury to the victim E’s shoulder and head, etc., and only 1-A of the facts charged in the instant case.

B. Not only does the dust from the victim's her butt her butt, as described in the port, have not been broken out, but also, even if her or her butt her butt her butt her butt her butt her, such an act cannot be seen as an indecent act "an act which causes a sense of sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom, which goes against good sexual morality."

(B) The Defendant’s charges No. 1-C. and D. of this case

If a victim was spared or spared as described in the paragraph, the victim shall not have been spared with the kick.

(2) As to intimidation, the Defendant did not engage in the victim’s remarks, such as the statement in Paragraph (2) of the instant facts charged. Home Affairs Defendant made a statement as indicated in this part of the facts charged.

Even if the victim did not have an intention to feel a threat by notifying the victim of harm and injury, it cannot be said that there is a criminal intent of intimidation.

(3) In relation to the injury, the part caused by the Defendant’s assault in the upper part suffered by the victim is limited to the face and buckbucks, and in the case of such hole, there is no need to treat it separately. Therefore, it cannot be said that the completeness of the body is damaged or the state of health is changed due to it. Thus, it cannot be said that the part suffered by the victim is the injury as referred to in the crime of injury with the upper part.

(4) Nevertheless, the court below convicted the defendant of each of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s decision is unreasonable.

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