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(영문) 부산고등법원 2019.09.19 2019노300
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to an indecent act by compulsion, the Defendant and the respondent for an attachment order (hereinafter “Defendant”)

(2) The Defendant did not commit an indecent act against the victim at the time of the instant case and did not have any obscenity. (2) As to the public performance and obscenity, the Defendant did not intend to commit an indecent act against the victim at the time of the instant case.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination on the part of the defendant's case

A. 1) As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal, and rejected the above assertion by clearly explaining the judgment on the Defendant’s and his defense counsel’s assertion in the “judgments on the Defendant’s and defense counsel’s assertion” as stated in the lower judgment. Examining the reasoning of the lower judgment in comparison with the record, the lower court’s judgment is justifiable, and there is no reasonable reason to deem that it is unreasonable to maintain the judgment as it is because the evidence judgment was erroneous in the reasoning for the judgment as explained by the lower court or that the argument leading to the fact-finding is against logical and empirical rules. Therefore, this part of the Defendant’s assertion is without merit. 2) “obscenity act” as defined in Article 245 of the Criminal Act refers to an act contrary to the concept of an ordinary person’s sexual desire by stimulateing the ordinary person’s sexual humiliation and impairing normal sexual humiliation, but it does not necessarily require to establish the sexual purpose, such as sexual humiliation or satisfaction, but it does not necessarily require to be described as to the degree of 200.

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