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(영문) 춘천지방법원 강릉지원 2013.11.12 2013노348
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant (person who was guilty) was not guilty of committing the instant crime.

The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is too uneased and unfair.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, this part of the defendant's assertion is without merit.

① The victim, from the police to the original trial, made a very detailed and consistent statement to the effect that the Defendant was humpted by humpingly and physically, and that the Defendant was humpted by both descendants. The victim’s above statement has no motive or reason to make a false statement, and thus, the victim’s credibility exists.

(A) At the time of the instant case, defense counsel asserts that the victim’s statement was not reliable because the victim made a false statement, such as making a false statement that the victim exchanged the misunderstanding in the restaurant. However, the victim did not stated that the misunderstanding was exchanged in the restaurant, and the court below stated that “the misunderstanding was sent in front of the misunderstanding which was exchanged.” Furthermore, even though some of the victim’s statements concerning the geographical detailed matters, such as the correct place of exchange, are different from the fact, this circumstance alone cannot be rejected). ② The Defendant at the prosecution, “In the prosecution,” when the Appellant started a restaurant and the cromatic when the inseminator started, it is difficult to say that there was no us to view that the inseminator was a defect, a cromatic, a cromatic, and a cromatic at each time, a cromatic, and the cromatic is well us.

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