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(영문) 부산지방법원 2018.06.08 2018노1134
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. In fact, the Defendant, misunderstanding of the legal principles, frequently committed meals to the Chinese house where he works as an employee, and thus, is in a space between the victim and the victim. The Defendant was aware of his intention to engage in personnel affairs, such as taking the victim’s bad faith while drinking alcohol at that time. In that sense, the Defendant’s knife the victim’s knife and knife the victim’s knife and knife the victim’s knife.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 40 hours of order to disclose information) is too unreasonable.

2. Determination

A. We affirm the judgment of the court below as to the assertion of mistake of facts or misapprehension of the legal principles and the evidence duly adopted and investigated by the court below, and in addition to the following circumstances acknowledged by the above evidence, it can be acknowledged that the defendant intentionally contacted the victim's body. Thus, the court below's conviction of the facts charged in this case is just, and there is no error of misunderstanding of facts or misunderstanding of the legal principles as alleged by the defendant.

① The victim did not have been in contact with his her m or her m or m, but did not have been locked and maintained, and the Defendant’s m or m or mar was in contact with his m or her m or her m or m or m or mar. The victim clearly memorys the Defendant’s m or m or m or mort at the time of contact with the Defendant’s m

The defendant also recognized the fact that the victim's her son's son's son's son's son's son's son.

(2) The defendant extended to the victim with a part of his/her hands, but his/her intention is different.

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