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(영문) 대전고등법원 2016.01.29 2015노431
강제추행치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the instant case, misunderstanding of facts or misapprehension of legal principles, the victim’s injury in the judgment was caused by the Defendant’s criminal intent to compel the victim to commit an indecent act and the subsequent assault, and thus, it is reasonable to ask the Defendant to the charge of causing the injury caused by an indecent act.

However, under the premise that such an injury cannot be deemed to have arisen from assaulting or engaging in the act accompanied by the crime of coercion against the victim, the lower court held that, instead of the liability for the crime of causing an indecent act by force, such as the instant facts charged, only the crime of causing assault and indecent act by force was charged. In so determining, the lower court erred by misapprehending the legal doctrine on the injury by force or by misapprehending the legal doctrine on indecent act by force.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year’s imprisonment) is too minor.

2. Determination

A. The Defendant in the facts charged of the instant case is between the victim C (a person, scam, 39 years of age) who operates a normal beauty room and four persons, including the Defendant’s husband and wife and his branch, etc., who called the victim on the day of the instant case, proposed that the Defendant was a meal defect. However, the Defendant’s wife, the victim, and his third party did not attend the Defendant’s meal site, thereby making the Defendant’s simple meals. In that place, the Defendant got the victim’s ear, shoulder, etc., and “hick is a marriage?”

(b) whether § 22(b) is desired to do so;

B. The victim got out of the victim's room to have a scarbly scarbly scarbly scarbly scarbly and scarbly scarbly scarbly, etc.

On July 29, 2014, around 23:10, the Defendant: (a) placed a victim himself/herself in front of, in front of, and after, a member of the E Council located in Northern-gu, Seocheon-gu; (b) placed a victim from outside, leaving his/her head in the state of leaving the victim’s head in the winter ditches; (c) cut the victim’s home and shopping bags back to the Defendant’s hand; and (d) took the victim’s home and shopping bags back to the Defendant’s hand.

The studio is anywhere;

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