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(영문) 서울북부지방법원 2017.12.21 2017노585
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the defendant did not make several times, place his hand in the victim's counter part, and made the victim's sexual organ, and there is no fact that he forced the victim to commit an indecent act by force.

The defendant was aware of the victim one time in a brush atmosphere. At this time, the victim was only the victim, and when the victim was able to come to the second after the locking, the victim was frighting his own hand and refusing to do so.

In addition, the defendant did not have an intention to commit an indecent act, since he did potteries with an indication of the fear for the victim.

The injured party implicitly consented to the existence of the injured party, or the accused consented by the injured party.

In other words, the victim is aware of the fact.

The punishment sentenced by the court below against the defendant (the imprisonment of April, the suspension of execution of one year, and the suspension of twenty-four hours) is too unreasonable.

The Defendant is the same-sex person in the facts charged of the instant case in determining the factual misunderstanding and misunderstanding of legal principles.

On June 16, 2016, at around 01:40, the Defendant, following the victim F (25 years of age), was able to see the victim’s F (25 years of age) and was able to see the victim’s sexual organ in the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and was able to see the victim’s sexual organ as well as the victim’s sexual organ.

The judgment of the court below held that each statement made by the victim in the victim's court and investigative agency is consistent and specific as to the defendant's act, content of damage, perception and response, situation before and after the crime, etc., the circumstances where the false statement is not visible, and the defendant's attitude of statement in court are acknowledged as credibility. Thus, it can be recognized that the defendant committed an act indicated in the facts charged, and the above act by the defendant's person causes sexual humiliation or aversion in light of social norms and good sexual records.

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