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(영문) 청주지방법원 2021.02.05 2020노712
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not commit an indecent act against the victim by misunderstanding the facts or raising the victim’s chest as stated in the facts charged.

피고인이 피해자의 가슴을 툭 친 사실이 있다고

Even if there was no intention to commit an indecent act.

B. The sentence sentenced to the lower court’s unfair sentencing (the amount of KRW 5 million, the amount of KRW 40 million, and the completion of sexual assault treatment programs) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also asserted that the Defendant had the same purport as the alleged misunderstanding of the above facts or the misapprehension of the legal doctrine, but the lower court rejected the Defendant’s assertion on the following grounds, and sentenced the Defendant guilty of the facts charged.

Comprehensively taking account of all the following circumstances acknowledged by the evidence of the judgment, the defendant seems to have committed an indecent act against the victim as stated in the facts charged.

Defendant

We cannot accept the assertion.

① The victim, “A prior to D on the day of the instant case, the Defendant had replaced the Defendant with KRW 50,00,00, but the victim committed an indecent act on the part of the victim prior to the instant case, by turning the Defendant’s chest on two occasions before the instant case, with the defect that “the Defendant had replaced the Defendant’s body,” and putting the Defendant on the part of the neighbor.

Whether they go too much to see ‘Is many people'.

“Pursuant to the Defendant’s statement,” the Defendant made a statement that “the Defendant had expressed his or her desire and her position consistent with this Court from the investigative agency to this court; the process of committing an indecent act; the situation at the time of the prosecution; the victim’s response to the Defendant’s behavior; the victim’s assessment at the time; and there seems to be no special reason to believe that the Defendant was aware of the Defendant for a prolonged period of time.

(2) The defendant recognizes that he/she committed an indecent act twice in the course of prosecution investigation by the prosecution.

A written statement stating that the body of the victim’s mind is to be promptly cured was written.

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