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(영문) 서울고등법원 2016.09.06 2016노434
강제추행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (one year of imprisonment, two years of suspended execution) is too unreasonable.

The mental stress disorder of the victim is a causal relationship with the defendant's act of indecent act by force.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

It is improper for the court below to exempt the defendant from issuing an order to disclose or notify personal information.

The defendant is the author of the web package, the victim E (the age of 29) produced in the "D Entertainment" in the judgment of the prosecutor's argument of mistake of facts and misapprehension of legal principles.

On October 29, 2014, at around 17:30 on October 29, 2014, the Defendant held a meeting with the persons related to the above web package producers and the victims at the next door of the Yeongdeungpo-do Seoul, Yeongdeungpo-gu, Seoul, and completed a meeting at the neighboring main office, and then used the victim’s grandchildren, etc. on a hand by force on a taxi, as the victim was living at the same Dong Dong Dong on the same day at around 21:50 on the same day, while returning home, as the victim was living at the same Dong Dongdong on the same day.

At around 22:00 on the same day, the Defendant continued to set off a vehicle in the vicinity of the H Station located in Yeongdeungpo-gu Seoul Metropolitan Government, and, along with the victim, “J” located in Yeongdeungpo-gu Seoul Metropolitan Government I, “The victim is under the influence of suffering from the victim by getting the victim’s back to his/her own seat and getting the victim’s back by getting the victim’s hand to his/her own seat, continuing to put the victim’s chest into the victim’s seat, making the victim’s breast into several parts of the victim’s chests, cut down the victim’s chests, and booms the victim’s chest, and the victim took the victim’s hand to get the victim’s knife and knife the victim’s knife.

After that, the defendant is around 22:50 on the same day.

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