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(영문) 인천지방법원 2015.02.11 2014노4566
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by inducing the victim’s luxity or deceiving the chest, such as the written facts charged.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 4,00,000 and the sexual assault treatment program of KRW 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that the victim’s statement in the investigative agency is specific and consistent, and is not a content that can be avoided in the process of the crime and the process before and after, and thus, found the victim guilty of the facts charged in the instant case.

B. In addition to the grounds of conviction of the lower court, the following circumstances acknowledged by evidence duly adopted and examined by the lower court and the lower court, namely, ① the victim was of a smooth relationship with the Defendant against the ordinary party.

In full view of the fact that there is no evidence to recognize that the defendant was gathered, such as either demanding a settlement fee or demanding a settlement fee, ② The victim informed G, the husband of the victim on the day of the instant case, who was committed an indecent act by the defendant, to the police, and reported it to G. In light of the circumstances of the report, the credibility of the victim’s statement appears to be high even in light of the circumstances of the report, ③ the defendant made the victim’s oral statement to J as the victim did not occur in the victim’s domicile, and ③ there was a fact that the defendant made the victim’s oral act like the facts charged, so the judgment of the court below is justified,

3. The Defendant’s assertion of unfair sentencing is a favorable circumstance to the Defendant that has no record of criminal punishment.

On the other hand, the crime of this case was committed by the defendant who actively committed an indecent act against the victim in a location where it is difficult to help him by informing him of the fact of damage in the surrounding area from Vietnam, and the nature of the crime is bad in light of the circumstances of the crime.

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