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(영문) 서울고등법원 2013.11.15 2013노2337
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of indecent acts by compulsion, since the Defendant, with the victim’s implied consent, satisfy the victim’s body.

Even if the defendant was aware of the victim's intention in the internal deliberation, there was no intention that the victim committed an indecent act on the part of the victim because there was no other reason to believe that the victim was the victim's consent from the morning in light of various provisions of the Vietnames.

B. The Defendant was in a state of mental disability due to alcohol addiction and excessive drinking at the time of the instant crime.

C. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (two years and six months of imprisonment, 80 hours of completing sexual assault treatment programs, and 3 years of disclosure and notification of information) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts in the court of the court below, the victim stated in the court of the court below that "the defendant was the witness (the victim) at his own seat and brought the witness in the plan, and the defendant was sealed (the witness). When the defendant was off whether the witness was present at the bar, the witness left the room, and then left the room. After that, the witness was pushed down and left the room. The witness left the room. The witness was hested, and the head of the house left the room. On the same day, prior to the punishment of this case, the witness got the North Korea before the punishment of this case, the witness was her name, her name, and her mobile phone was filled, and her cell phone was hicked, and the witness was hicked, and the prosecutor also brought the defendant into the room and closed the door."

The Defendant was trying to open a door on the side of the Defendant, and the Defendant was unable to get a low-water hand off at a canter. The public notice room is different from the sound because the soundproofing was almost possible.

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