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(영문) 부산지방법원 2020.11.20 2020노1272
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the case of mistake of facts, the Defendant was satisfing the victim’s two arms in order to say that the Defendant would return to this house only to the victim, and the Defendant did not commit indecent act by force by force, such as the victim’s chest and boat, as indicated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution of one year imprisonment, 160 hours of community service, and 40 hours of lecture attendance order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, as stated in this part of the facts charged, has committed an indecent act by force on the part of the victim, as he was able to use the victim’s chests and the areas surrounding the Defendant’s chests.

The defendant's assertion of mistake is without merit.

1 The victim consistently stated the following facts from the investigative agency to the court of the court below.

- After the completion of the workplace ceremony with the Defendant, J, etc., the Defendant brought the victim's house to the victim's house by bringing the cans and gift sets to the victim's house.

The defendant did not return immediately to the victim, but tried to request coffee to the victim, and to expect it to the bed.

Although it was very difficult for the victim as a victim to do so, the defendant did not have a vehicle or horse that the defendant would return to his office due to the reason that he was the commercial person of the workplace.

- The victim, on the ground that he was aware that he would be in the house by himself, was able to do so by the Defendant, and the Defendant was able to dump the strue and rh from the strhst place on the side of the victim so that he was able to get off the string part of the strawer where the victim suffered.

The victim directly laid the player.

The defendant is from the upper part of the victim's chests with the victim's own hand.

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