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(영문) 의정부지방법원 2013.10.31 2013노1084
강제추행등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s charges of indecent act by compulsion, the Defendant committed an indecent act on the victim’s bridge with his hand, but did not commit an indecent act as stated in this part of the charges, and the intent of indecent act by compulsion is not recognized. ② In relation to the fact of assault, the Defendant’s act of assault committed by the victim, although he had the victim s/he 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

B. The punishment of the lower court’s judgment (a fine of 1.5 million won) is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s appeal 1) Since the Defendant’s direct evidence that corresponds to the fact that the Defendant committed an indecent act as in this part of the facts charged, there exists the victim D’s statement as to the credibility of the victim’s statement, i.e., health room and records as follows: (a) the victim’s statement was made to the effect that it is difficult to know if the content of the victim’s statement is considerably detailed and not experienced; (b) the Defendant voluntarily made a statement to the effect that he was in contact with the victim’s body, and thus, corresponding to the victim’s statement. (c) On the other hand, in relation to the circumstance that the Defendant was in contact with the victim’s body, the Defendant made a son at the crosswalk, who was flick in the opposite part of the Defendant’s appeal, was humping, and humbling the victim’s statement to the effect that the victim’s statement was made without any influence on the victim’s body; and (d) the Defendant was made late under the influence of alcohol.

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