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(영문) 춘천지방법원 2021.02.03 2020노368
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant did not have any fact that the victim's chest was delivered at the time of the instant case, and that the victim's chest was contacted by the victim's finger.

Even if there was no intention to commit an indecent act because the victim's loss was seriously contacted during the process of spreading the victim's loss.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of misunderstanding of facts or misapprehension of the legal doctrine, i.e., ① the victim at an investigative agency:

40 10 10 10 10 100

“Abreging the horses,” but the Defendant, “Abreged the left chest by hand,” and only once, and the victim “breged to her fluent.”

“A defendant who caused the occurrence of a defect in this subsection, and caused the victim’s hand,” and “a woman who is a victim.”

The victim's statement (Evidence No. 12 of the record of evidence of the victim's police statement) and the victim's statement is very specific, and the victim's statement is not only a detailed description or statement but also a unique part that is difficult to take care of without direct experience, such as the victim's behavior or horse, etc., is actually expressed, and the victim sent it.

It is difficult to see that the Defendant denied the instant crime by an investigative agency, but, at the court below, a female under the influence of alcohol at the time of the instant case, has a sense of identification against the Defendant by putting the Da and horses at home.

There is no possibility that the crime of this case has been committed in a contingent manner.

The confession (as of April 22, 2020, the trial record No. 49 of the trial record of the defendant's written opinion by the defense counsel on April 22, 2020), the defendant's confession statement contains the motive of crime, and its credibility is high. The defendant received the assistance of defense counsel at the time of confession statement, and ④ The defendant is in the trial of the court.

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