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(영문) 대구지방법원 2014.08.14 2014노381
준강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by deceiving the victim N's chest.

The court below found the defendant guilty of this part of the facts charged.

B. The sentence imposed by the lower court (one year and two months of imprisonment, and 40 hours of taking sexual assault treatment programs) is too unreasonable.

2. Determination

A. The victim made a statement from the investigative agency to the court of the trial and the court of the court below that “the Defendant was under his/her own chest by putting his/her fingers under the victim T-Wrts, which he/she is the defendant,” and specifically stated the circumstances and circumstances of the indecent act at the time.

According to the evidence duly adopted and examined by the court below and the court below, at around 09:00 on the following day of the case, the defendant asked the victim to play a guardian at the hospital for video treatment and surgery, and the victim took the role of guardian at the hospital as the defendant on the day of the case. The victim took the role of guardian at the hospital as the defendant on the day of the case, and she took the role of guardian at the hospital as the defendant, and she took the defendant's home. However, the victim was forced to commit an indecent act from the defendant and returned to her house immediately after she was committed by the defendant. As above, at the request of the defendant, the victim took the role of guardian at the time of her entrance at the hospital and was locked at the defendant's home at the time of her entrance at the hospital. However, at the above time of 23:00, at the late night, the victim did not go to the court below for punishment of the defendant, and there was no reason to punish the victim.

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