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(영문) 서울중앙지방법원 2018.10.26 2018노753
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (as to the guilty part) only made an inappropriate statement, and did not commit an indecent act by force against the victim.

In the appraisal of the defendant, the victim's complaint of this case is filed against the defendant, the victim's complaint of this case is not true or exaggerated, and is contrary to the contents of the third party's statement. Thus, the court below's judgment that found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts.

2) The lower court erred by misapprehending the legal doctrine on the part of a relatively sensitive body and rendered a not-guilty verdict by deeming that it is difficult to believe the victim’s assertion on the part of a relatively sensitive body, and thus, the victim’s assertion on the remainder of the body also

피해자의 피해 주장은 믿을 수 없고, 실제로 피고인이 당시 부적절한 농담을 하고 팔짱을 끼려 다 피해 자의 거부로 팔짱을 끼지 못한 사실만 있었을 뿐인바, 위와 같은 피고인의 행위는 강제 추행죄에 있어 추행이라 할 수 없다.

3) The sentence of the lower court (an amount of KRW 7 million) that is unfair in sentencing is too unreasonable.

B. Although there is credibility in the victim's statement that the defendant misunderstanding the facts (as to the part not guilty of the reasons) 1 by hand carries the back part of the victim's timber by hand, and that the victim's frightened or frighted against the victim's side by hand, the court below is difficult to believe the victim's statement concerning this part of the facts charged.

In light of the above, the judgment of the court below rendered innocence, and there is an error of mistake of facts.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

For those who are sentenced to punishment for sex offenses against children, juveniles, or adults, the restrictions on employment for children and juvenile-related institutions, etc. have been uniformly prescribed for ten years.

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