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(영문) 서울서부지방법원 2018.09.20 2018노843
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) Defendant did not force the victim to commit an indecent act as stated in the instant facts charged.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

2. The judgment below also asserted the same purport as the grounds for appeal in this part, and according to the evidence duly admitted and investigated by the court below, the court below acknowledged the defendant's accurate awareness of the fact that 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

For the reason that it is sufficiently recognized, the defendant's assertion is rejected and the charges of this case are convicted.

Examining the evidence duly admitted and examined by the court below in light of the records, the court below was just in finding the defendant guilty of the facts charged of this case for the reasons stated in its holding, and there was no error by mistake as alleged by the defendant

Therefore, the defendant's assertion of factual mistake is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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