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(영문) 대구지방법원 2018.11.09 2018노2447
강제추행미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have committed an attempted indecent act by force against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.

B. The punishment sentenced by the lower court (2.5 million won in punishment, and 40 hours in sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, the defendant attempted to be forced to wear the victim's quantity as stated in the facts charged, but the fact of the attempted charge is sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

① The Defendant was at the time of visiting the main points operated by the victimized person several times, and dices at the above main points on the day of the instant case.

② While the victim sent the Defendant, 112 reported to the police that “The Defendant was forced to have a kisck for kiscing and kiscing one’s face to be kisced.”

③ After that, the victim, at the police station, “The Defendant, while drinking alcohol at the main point, requested kissk to kissss on the kis on several occasions, and she refused to do so.

After that, the defendant saw the defect that he wanted to drink and kis down to do so, and the defendant tried to kis on his own quantity and forced to do so by kis.

Accordingly, I stated that the Defendant was able to see her back and sound, and that the Defendant was able to see her quantity.”

The above statements made by the victim cannot be found to be specific, particularly contradictory, or inconsistent with the rule of experience, and therefore, credibility exists.

(4) The defendant raises an objection in the original court.

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