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(영문) 창원지방법원 2014.11.06 2014노2060
강제추행
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: ① both the left side and the right bridge were placed on the gate in front of the right wave; ② there was no fact that “the gate, the upper part, the other part, and the other part,” did not intentionally show the discovered sexual organ.

② In addition, the judgment of the court below which recognized the defendant's liability for the crime of indecent act by compulsion despite the absence of assault or intimidation by G is erroneous in the misapprehension of legal principles.

'' asserts to the effect that ‘' is.

B. In addition, the Defendant asserts that the punishment imposed by the lower court in advance (two years of suspension of execution in six months of imprisonment and 80 hours of order to attend sexual assault treatment lectures) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The gist of this part of the facts charged is that the Defendant is a person engaged in the wholesale and retail business of lighting fixtures, and the business related to the loan of imported automobiles.

At around 16:30 on August 8, 2013, the Defendant: (a) exceeded 26 years of age from the second floor F office of the E-building operated by the Defendant in Kimhae-si, to provide education on the estimate of imported vehicles; (b) exceeded 10 years of age on the ground that it is heated and heated; and (c) opened G with string panpanty only, and (d) opened G to the next seat of the Defendant.

Since then, the defendant, while "the person in charge of the bridge", caused G to put the left side of the bridge on the table in front of the bridge, and committed an indecent act by force against G by placing him on the buckbucks of G, and the defendant's religious leg "I am on the upper part, the upper part, and the other part, the other part," and the defendant's religious leg "I am on the upper part, the other part, and the other part, the other part."

B. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the allegation of mistake of facts 1, the Defendant’s right bridge is G in which the Defendant placed the left side of the bridge on the front of the wave as stated in the instant facts charged.

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