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(영문) 광주고등법원 2017.09.07 2017노161
강제추행치상등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

Defendant 36,847.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant is too unreasonable.

B. In full view of the lower court’s legal doctrine and the status of the Defendant and the victim, the Defendant’s act of taking the victim’s grandchildren several times constitutes an indecent act, and the injury inflicted on the victim also occurred in the course of a series of acts that the Defendant gets or attempted to inflict the victim’s losses and that caused the Defendant’s loss.

Despite such fact, the lower court did not err by misapprehending the legal doctrine on the part of the charges resulting from forced indecent act.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the legal doctrine (the point of forceful indecent act)

A. From June 13, 2016, the Defendant, from around 09:00 on June 13, 2016, driven a car with the victim E (the age of 35) who is an employee of the company, and was passing through the K in the North-guJ in Gwangju-gu, in order to compel the victim to commit an indecent act. The Defendant was able to have the victim’s left hand with a bad hand and refused to deduct the victim’s hand on several occasions.

At around 13:00 on the same day, the Defendant continued to drive a car driving the victim with a car at around 13:00 on the same day, and brought the victim's left hand by drinking by not later than the lapse of G ineongyang-si F of the Southern Masung-gun, and broken the victim's hand by drinking the victim's hand.

As a result, the defendant forced the victim to commit an indecent act, thereby resulting in the victim's injury, such as the left-hand dump, which requires approximately one week medical treatment.

B. The lower court determined that the Defendant recognized the victim’s grandchildren as soon as possible and determined as an indecent act committed by force. However, with respect to the Defendant’s act of taking the victim’s left hand, it would cause a sense of sexual humiliation or aversion beyond that of causing the victim to feel cruel or discomfortable.

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