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(영문) 서울남부지방법원 2018.04.17 2016노2695
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the defendant's misunderstanding of fact is not good and the defendant's physical contact with the victim F was found to have been committed, and the defendant did not attempt to contact the victim's body with the intent to commit an indecent act, and did not assault the victim G.

Nevertheless, the court below found the defendant guilty of both the crime of coercion and assault against the defendant, and the judgment of the court below is erroneous in the misapprehension of facts, which affected the judgment.

B. The punishment sentenced by the lower court (the amount of KRW 5 million, the amount of KRW 40 hours, the amount of KRW 5 million, the amount of KRW 40 hours) is too unreasonable.

2. Determination

A. On the part of the lower court’s assertion of mistake of facts, the lower court: (a) did not think from the investigative agency to the lower court that the victim F was the indecent act first, and did not think that the victim F was the indecent act in the lower court, i.e., “at the lower court’s her but did not seem to have been sexually committed twice and three times thereafter.

However, he/she has been sitting on the side;

G stated that “A defendant was present with her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with him her.” G also stated from the investigation agency to this court her her her her her her her her.

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