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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.10.26 2017노196
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Although the Defendant did not have committed an indecent act by force against the victim, the lower court convicted the Defendant of the instant facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court to the Defendant (6 months of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Judgment on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is sufficiently recognizable that the defendant committed an indecent act by force against the victim, and there is no error of law by mistake of facts as alleged by the defendant in the judgment of the court below. Thus, the above assertion by the defendant is without merit.

The victim made a very detailed statement about the situation in which the victim was committed an indecent act from the defendant, the speech or behavior that the defendant had committed at the time, the behavior that the defendant had committed, and the changes in appraisal after being engaged in an indecent act, and the relation with the changed defendant's person, etc.

Although the Defendant asserts that the victim made a false statement, the victim appears to have maintained a very favorable relationship with the Defendant until the instant case occurred, it is not determined that the victimized person made a false statement in order to have the Defendant subject to criminal punishment on account of the lack of any circumstances to have his/her personal malicious testimony in addition to the crime of indecent act by the Defendant.

another.

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