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(영문) 광주지방법원 2020.02.12 2019노583
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts does not constitute an indecent act or intent to commit an indecent act is not acknowledged. 2) The sentence of the lower court on unreasonable sentencing (a fine of KRW 2 million, and an order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

B. Prosecutor 1) Since the victim’s statement on the act of indecent act in a misunderstanding toilet is recognized as credibility, the judgment of the court below which acquitted the defendant on the charge is erroneous in misunderstanding of facts. 2) The judgment of the court below which acquitted the defendant on the charge of indecent act in a misunderstanding of facts is too un

2. Determination

A. The summary of this part of the facts charged is that, around October 28, 2016, the Defendant: (a) around October 23:20, 2016, the Defendant: (b) made a judgment on the indecent act by compulsion in the toilet; (c) around October 28, 2016, the summary of this part of the facts charged is to the purport that “I am k's k's k's k's k's k's k's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w's w'.

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