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(영문) 의정부지방법원 2016.12.13 2016노2777
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant shall be treated for 40 hours of sexual assault.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion against the victim F.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

A prosecutor applied for amendments to a bill of amendment as stated in the facts constituting an offense in the trial in question, and the court approved the changes in the subject of the judgment in this court.

Therefore, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is such reason of ex officio reversal.

3. Judgment on the defendant's assertion of mistake of facts

A. The court below consistently stated that "the victim F was trying to meet his body by repeating the voice that the defendant was forced to sustain in the future" (see Articles 8 and 65 of the Investigation Records). The defendant stated at the time of the prosecutor's investigation that "the defendant stated that "the defendant had a bridge to report a short fright with the victim's hand to the victim's hand to the left hand after the victim's investigation," and the defendant agreed with the victim F in the investigation process. The agreement states that "the defendant recognized the victim's act of indecent act by force" (see Articles 162 and 155 of the Investigation Records) and that "the defendant forced the victim to commit indecent act by force by force by force by the victim in the court of the court below" (see Articles 20 and 153 of the Investigation Records). It can be sufficiently acknowledged that the defendant committed indecent act by force by force by the victim in light of the fact that the defendant committed indecent act by force by force by the victim in the court of the court below.

B. Therefore, the defendant's above mistake of facts is without merit.

4. The judgment of the court below is correct.

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