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(영문) 서울중앙지방법원 2017.05.19 2017노764
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of facts and misapprehension of legal principles, Defendant’s act is deemed as an indecent act committed on the part of the victim F.

B. The sentence of the lower court’s unfair sentencing is too minor.

2. Determination

A. In light of the records, the lower court’s determination that the Defendant was not guilty of forced indecent acts on the grounds of the reasons stated in detail by the lower court is correct.

2) As alleged by the public prosecutor, the crime of indecent act is established not only where assault or intimidation was committed prior to the indecent act but also where the body of the person committing an indecent act constitutes an indecent act. However, in full view of various evidence such as the video images of CCTV video data, the defendant does not immediately ask the victim's intent but does not immediately know the victim's body or know the victim's identity, but only can it be acknowledged that the victim took part in the victim while the victim was rejected, and the defendant committed an indecent act by itself, and the defendant alone committed an indecent act.

There is no evidence to prove that there is no evidence.

Even if the injured party has come to know of the defendant after the string of the defendant's string, it is difficult to view it as an act to the extent that it makes it difficult for the injured party to resist by committing such an act.

B. In light of the circumstances revealed by the lower court in the suspended sentence item and all other conditions of sentencing indicated in the record, it cannot be deemed that the sentence that the lower court rendered is too uneasible and unfair.

3. The appeal by the conclusion prosecutor is dismissed.

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