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(영문) 청주지방법원 2018.04.27 2017노1404
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was faced with the victim at the time of the instant case, the lower court convicted the Defendant of the facts charged in the instant case inasmuch as there was no fact that the victim had her tum, such as the facts charged, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of probation, two years of probation, observation of protection, 40 hours of taking sexual assault treatment lectures, community service 200 hours) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on evidence duly adopted and investigated by the court below, i.e., the date and time and place damaged by the defendant, the situation at the time, the method of the defendant's act and body part of the defendant's act, and the response expressed by the defendant, etc., which are hard to say without direct experience as to the victim's perception and body, and the response expressed by the defendant, etc., and there is no special contradiction or rule of experience in the victim's statement. The victim cannot find any part that is not in compliance with the victim's statement, and it is acknowledged credibility of the victim's statement as above because it is difficult for the victim to see false facts against the defendant or to find any circumstance or motive that is likely to harm harm by exaggeration of the fact. ② On October 2, 2016, five days after the date of the occurrence of this case, the defendant responded to the victim at the time of this case, the location of the victim and the body part of the defendant faced with the victim and the defendant.

In other words, I shall accept the letter once.

I transmitted a crime.

"...............................

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