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(영문) 서울고등법원 2019.05.24 2018노3248
강제추행치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (indecent act by compulsion) at the main point of “C”, the Defendant merely locked from the main point of drinking alcohol with the victim, etc., and did not commit an indecent act by force against the victim in the inside room or in the inside room with the victim’s incidental axis. Nevertheless, there was an error of misunderstanding of facts in the judgment of the court below which found the Defendant guilty of this part of the facts charged. (2) The punishment of imprisonment (two years and six months, etc.) sentenced by the court below of unfair sentencing is too unreasonable.

B. Prosecutor 1) In light of the consistent statement, diagnosis, and medical record of the victim of the mistake of facts (not guilty part in the grounds) and the victim’s consistent statement and diagnosis, the defendant took a very strong influence on the part of the victim, which led to the victim’s medical treatment for at least two weeks after suffering from an interview in the outer part, and the victim’s medical treatment for at least two weeks. Thus, the victim’s injury caused by the Defendant’s indecent act by compulsion cannot be deemed to be extremely minor, and thus, constitutes the crime of indecent act by compulsion. Nevertheless, the court below acquitted the Defendant on the part of the charge of indecent act by compulsion, which is the charge of this part of the charge, on the ground that the court below acquitted the Defendant on the injury caused by indecent act by mistake of facts

2. Determination

A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake, the victim’s statement regarding the act of indecent act by compulsion of this case is reliable, and the evidence submitted by the prosecutor, including the victim’s statement, can be sufficiently recognized by means of the Defendant’s coercion and suppression of the victim’s resistance.

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