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(영문) 서울고등법원 2015.10.13 2015노1627
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

With respect to the part of the defendant's case, the court below rendered a judgment dismissing the prosecutor's request with respect to the part of the defendant's case, the part of the request for attachment order, and the probation order request

Notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal for the part of the case of the attachment order claim and the case of the probation order claim, this part is excluded from the scope of the judgment of this court.

Summary of Grounds for Appeal

No. 1-A of the judgment of the court below.

In relation to the indecent act by compulsion of a port, the Defendant only had the door of a smoking room with the left hand in order to leave the smoking room at the time, and had the left elbow in contact with the part of the victim, etc., and did not have the part of the victim's her belbow by entering the smoking room.

Nevertheless, the judgment of the court below that found the defendant guilty as to this part of the facts charged is erroneous.

Judgment

The Defendant alleged in the lower court that “it was physically contacted with the victim during the process of entering the smoking room, but there was no intentional indecent act committed by the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, according to the evidence duly adopted and examined by the court below, it can be recognized that the defendant stated in the investigative agency that "the body of the victim was elbowd with the body of the victim in the process of entering the smoking room".

In addition, the lower court did not make a judgment on the Defendant’s assertion that “the victim’s intentional her tock was not sufficient” from 4-5 of the said judgment.

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