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(영문) 수원지방법원 2016.03.24 2015노5555
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal by the defendant;

가. 사실 오인( 강제 추행) 피고인이 주점에서 피해자와 시비를 하는 과정에서 피해자를 밀쳐 낸 사실이 있었을 뿐 고의로 피해자의 가슴을 움켜쥔 사실이 없다.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the instant charges of indecent conduct on the grounds of each police statement of the victim E and C with no credibility, a written statement of F preparation, etc.

B. The sentence of the lower court’s sentence, which sentenced to orders to complete sexual assault treatment programs for 10 months and 40 hours, is too unreasonable in light of the fact that the criminal defendant recognized the crime of interference with business, the criminal defendant committed contingent crimes under the influence of alcohol, and the criminal defendant did not have any history of sex offense.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of indecent act as follows, and the subject of this part of the judgment was changed by this court’s permission. As such, the judgment of the court below cannot be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. On June 13, 2014, at around 01:30 on June 13, 2014, the Defendant was guilty of the indecent act committed before the amendment, and the charges of indecent act committed by the lower court prior to the amendment (A) on the charge of the charge of the indecent act committed before the amendment, and the charge of the indecent act committed by the lower court, the Defendant, at the “D” bar operated by C in Suwon-si, Suwon-si, Suwon-si, where the conduct of the victim E (E, 55 years old) is sharply changed and the victim suffered from the defect.

“Busheshes a bath,” and this tshes the beer contained in the World Cup to the Defendant, who is the Defendant’s hand, turning the victim’s south.

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