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(영문) 인천지방법원 2014.06.13 2014노818
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit an indecent act by the victim’s buckbucks, the judgment of the court below convicting the Defendant is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① The victim F, from the investigative agency to the court of the court below, made a consistent statement on the situation at the time when the defendant was lawfully admitted and investigated; ② the victim F, from the investigation agency to the court of the court of the court below, there was no doubt that the defendant was suspected of bucks on the victim’s right side, and there was no evidence that the defendant was able to confirm because the victim’s clothes carried on the left hand of the defendant, although the defendant was suspected of buckbucks, and there was no evidence that the defendant was sucking on the victim’s left hand; ② the victim’s left hand bucks were buckbucks without any specific reason in light of the fact that the victim was unable to immediately report or commit an indecent act by the defendant, ③ there was no reason to acknowledge that the victim was an indecent act by the defendant as stated in the court below.

B. The instant crime on the assertion of unreasonable sentencing is committed on the bus by the Defendant.

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