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(영문) 서울서부지방법원 2019.05.16 2018노1703
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have committed an indecent act by force against B (tentative name) only by scaming his hand and committing an indecent act against B.

C's assault is likely to make a false statement that the defendant has been forced to commit an indecent act by committing an indecent act against B in order to solve the problem of assault.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of KRW 5 million, the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts, the following circumstances may be acknowledged, and in full view of these circumstances, it is recognized that the Defendant committed an indecent act and assaulted C against B.

1. The victim B made the following statements at the investigative agency on the situation at the time of the instant case.

"처음에 피고인이 N 앞 길바닥에 쭈그려 앉아서 나를 계속 쏘아봤다.

At the time, it was disregarded.

In the latter, the defendant was extremely close, and the defendant was the same as the mentally ill.

B. The entrance house was not put in the house and was put out in the room.

It was aground to the right shoulder of the upper lelele.

In order to escape from the right by avoiding it into the right side of excessive play, the person left the arms under the right side, and he was at the right side.

Therefore, the two arms were stored in X in the future, and the body was sleeped, and the male-gu Ma(Gain) of M was called "Is, Ispathy, Ispathy, Ispathy, Ispathy, Ispathy."

그 사람이 계속 내 허리를 감쌌다.

C said, “Any reason why we want to see is, is, or is far away, a woman who is not aware of.”

As a result, the male continued to move in the same direction as that of the male, and as a result, it comes between C and C and his male, and it is hard to keep his hand.

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