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(영문) 청주지방법원 2015.05.29 2015노95
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case was prosecuted on charges of committing the crime of bodily injury and indecent act by compulsion as follows.

[Bodily, around 09:00 on June 13, 2014, the Defendant: (a) was in front of the (Gu)G art hall in 09:00, and (b) was resisted by the victim C (the age of 49) on the ground that he parked on the road and parked on the road; (c) was 10 times the part of the victim’s chest due to his head; (d) was 10 times the part of the victim’s chest due to his finger, and her finger was f-7 tight, and was f-7 tight, the victim’s chest, face part, and the victim’s breast, face part, and the victim’s hair was found to go beyond the floor of the victim’s her hair, thereby having the victim’s 14-day treatment of the victim.

[2] On June 13, 2014, the Defendant: (a) committed indecent act by compulsion; (b) at the same place on June 13, 2014, when 10:00, at the victim’s desire to talk with the victim C, the victim fright to bitch bitch bitch, so that the victim bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, thereby committing indecent act by coercioning the victim’s sexual organ by force on two occasions on the part of the victim.

B. The lower court found the Defendant guilty of all the facts charged by taking account of the evidence examined and adopted by the lower court.

In particular, regarding the above indecent act by compulsion, the court below convicted the witness C and D of the court below, the police statement of E, the video CD taken by D, and the photograph submitted by E as supporting evidence.

2. Summary of grounds for appeal;

A. In regard to the part of an indecent act by mistake of facts, the Defendant only met the victim's lux belt at the time, and laid down the victim's lux belt, such as the above facts charged, and put the hand over the victim's panty, thereby raising the victim's sexual organ above.

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