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(영문) 부산지방법원 2018.07.06 2017노4852
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant is a sexual assault treatment program for 40 hours.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. As to the charge of forced indecent act among the facts charged in the instant case, the Defendant committed an indecent act by misunderstanding the fact that the Defendant committed an indecent act by driving the victim’s chest twice with his fingers and driving the chest once.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of this part of the facts charged.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, one year of surveillance of protection, and eight hours of community service order) is deemed to be too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. On September 15, 2016, at around 20:30 on September 15, 2016, the Defendant: (a) committed an indecent act by force against the victim, i.e., the victim J (here 20 years of age) who is a parent of the instant singing room business in Busan Young-gu G, by causing this order; (b) “FF would be better if young children come to and out of the port”; (c) twice the victim’s left chest due to the finger, and (d) the victim’s knife knife knife knife knife knife knife knife knife knife knif.

B. The lower court consistently rejected the Defendant on the ground that: (a) each police statement protocol against the victim did not consent to the Defendant; (b) the victim’s appearance in the court and the authenticity of establishment is not acknowledged; and (c) the witness I’s statement as the victim’s witness I and the police statement protocol alone are insufficient to recognize the facts charged, the lower court determined that this part of the facts charged constituted a case where there is no proof of a crime, and thus acquitted the Defendant.

(c)

In full view of the following facts and circumstances recognized by the court below's duly adopted and investigated evidence, it is sufficiently recognized that the defendant committed an indecent act against the victim's chest who caused the order as stated in this part of the facts charged.

. Prosecutors;

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