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(영문) 서울고등법원 (춘천) 2020.05.27 2020노34
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is erroneous and misunderstanding of legal principles and the person who requested an attachment order (hereinafter "defendant").

(2) On the ground that the victim C’s statement is humfed, the victim C’s worship, humf, and leged and did not have any intention to commit an indecent act. Furthermore, the victim D’s humf, knating the Defendant’s hand into the part of the victim D’s clothes, resulting in the victim D’s sexual intercourse with his fingers, and did not appear to have the victim D’s sexual intercourse and resistance with his intent of indecent act. The victim’s statement that the Defendant committed indecent act by compulsion as of the facts charged in the instant case is not reliable. Nevertheless, the lower court convicted the victims of all the facts charged in the instant case as evidence, and erred by misapprehending the legal doctrine on indecent act, thereby adversely affecting the conclusion of the judgment. 2) In so doing, it is unreasonable that the lower court’s imprisonment (two years of imprisonment, etc.) was too unreasonable.

B. The Defendant did not commit the same crime as the instant facts charged, and there is no risk of recidivism of sexual crimes.

Nevertheless, the judgment of the court below ordering the defendant to attach an electronic tracking device for three years is unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

As to the facts charged in the instant case, the prosecutor prosecuted the Defendant as follows: “The Defendant, from December 3, 2018 to December 22:00, 12:4, 00:30, after the day after the day after December 3, 2018, was charged with committing an indecent act on the part of the victim by putting the victim’s hand into the victim’s clothes and putting the victim’s hand into the victim’s hand, leaving the victim’s hand, bucks, etc., and putting the victim’s hand into the victim’s panty, and forcing the victim to do so.” The lower court without going through the amendment process, “the Defendant, without going through the amendment process, committed an indecent act on the part of the victim’s port,” from December 3, 2018 to April 30, 200:

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