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(영문) 대전지방법원 2014.11.12 2014노1737
강제추행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the defendant did not commit an indecent act against the victim, the court below which pronounced the defendant guilty has erred by misunderstanding the facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below on unreasonable sentencing (three million won of fine) is too unreasonable.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination that the Defendant committed an indecent act against the victim is justifiable, and thus, this part of the Defendant’s assertion is rejected.

The defendant was seated on the back side of the bus stop, and the victim was seated next to the seat of the defendant, but only one time to examine the victim's bucks in order to go beyond the body where the bus was rounded and try to go beyond the right bypass, and then there is no change in the victim's bucks in charge of committing indecent act or shouldering the victim's bucks.

However, in the court below's decision, the victim stated that the defendant did not help but help the defendant live in the same apartment as the defendant was living in the same apartment as the defendant, and that the defendant did not help him even though the defendant was living in the back of the driver's seat and the victim was living in the back of the driver's seat, and the victim took the defendant's shoulder with his shoulder, and that "I will am mara, dy, dy, we will go to go to the driver's seat," and "I will go to go to the driver's seat."

In light of the consistent statements of the victim, there is no reason to make a false statement against the defendant without a friendly relationship, the fact of damage to the police immediately after the damage was reported, and the fact that the defendant's office sought the apology, the credibility of the victim's statement is recognized.

Defendant.

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