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(영문) 대전지방법원 2019.11.20 2019노2387
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s assertion 1) In the absence of an indecent act by force or by her fry, her fry, or her fry, as alleged by the victim, by mistake of facts under an agreement with the victim of the mistake of facts, the judgment of the court below which found the Defendant guilty of the facts charged is erroneous in the misapprehension of facts. 2) The sentence (6 months of imprisonment, her fry, and her fry) sentenced by the

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. Comprehensively taking account of the circumstances duly stated by the lower court in determining the assertion of mistake of facts and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, the Defendant may acknowledge the facts of indecent conduct against the victim as alleged by the victim.

Therefore, the defendant's assertion is without merit.

① The content of the conversation between the victim and his relative immediately after the instant case reveals the victim’s behavior and the victim’s displeasure to contact after the instant case, the content premised on the Defendant’s perception of the victim’s body, and the content of the victim’s behavior at the victim’s end with the victim’s awareness of damage.

This conversation corresponds to the victim's argument that the victim is subject to sexual contact against his will and became aware of it.

② As to the circumstances reported after a considerable period of time after the occurrence of the instant case, the victim did not immediately report the fact that he/she worked in the same workplace as the Defendant, and did not immediately report it. However, he/she heard internal education on sexual assault, and reported it to other employees without being subject to death penalty, and rather, the Defendant did not report it to other employees.

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