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(영문) 서울고등법원 2016.12.13 2016노2959
강제추행치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment (2 million won of fine) sentenced by the court below against the defendant is too unreasonable.

According to the prosecutor's mistake and misunderstanding of legal principles (as to the acquittal portion of the judgment of the court below), the defendant's written complaint prepared by the victim, the victim and G police statements, and the written statement prepared by the defendant by the prosecutor's office, the court below acquitted the defendant on this part of the charges.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The summary of the facts charged against the prosecutor's assertion of mistake of facts and misapprehension of the legal principles is that the "F" as stated in the indictment appears to be a clerical error, in light of the following facts: (a) the Defendant, on December 25, 2015, takes five daily behaviors, such as Victim C (F, 54 years old) and five p.m., and takes five p.m., and (b) the victim and G’s statement in Yangcheon-gu Seoul Metropolitan Government D around 5 p.

At the same time, singing together with one another and danced.

The defendant and the bluse victim who retired from office and moved back to the flus, and the defendant, by his own hand, forced indecent acts by force against the victim's will by inducing the victim's left fluse, and thereby, the victim suffered injury, such as a cage cage cages, etc. which require medical treatment for about 28 days.

Judgment

Comprehensively taking account of the victim and G police statements and the court below’s legal statements, the defendant, while carrying dancing with the victim in a singing room at the time of the completion of singing, had the victim singing the dancing, and had the victim sing the body sing down, singing the lower part of the body by hand, and immediately thereafter the defendant’s singing on the side of the victim’s entrance can be acknowledged.

However, it was examined whether the defendant intentionally inducedd the victim, and it was based on evidence duly adopted and examined by the court below.

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