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(영문) 서울남부지방법원 2015.06.25 2014노2177
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (defluence of facts or misapprehension of legal principles) did not commit an indecent act against the victim E, as shown in the judgment below, and the victim E was fluent with the victim E’s damages, and did not assault the above victim’s neck. As such, the degree of harming the victim by hand does not violate social rules due to self-defense or legitimate act, and thus cannot be recognized as a assault.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and sentenced the Defendant guilty.

B. In light of the fact that the prosecutor (unfair) Defendant committed each of the instant crimes even during the period of suspension of execution, the nature of the offense was poor, and the Defendant had been punished several times due to violent crimes, etc., the sentence (amounting to KRW 5 million of fine, KRW 40 hours of order to complete sexual assault treatment programs) imposed by the lower court is too uneasible and unfair.

2. Determination

A. Determination as to the Defendant’s assertion (definite or misapprehension of legal doctrine) (i.e., indecent act by compulsion), the lower court convicted the Defendant by taking full account of the victim D, victim E, and F’s each legal statement, the prosecutor’s protocol of interrogation of the victim D, the part of the victim D’s statement among the police interrogation protocol of the Defendant, and the police protocol of the victim E.

When comprehensively taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below, there are special circumstances to deem that the court below’s determination that the testimony of H of the party witness is credibility in each of the statements of the victim D and the victim E by the witness of the court below was clearly erroneous.

The lower court’s determination that each of the above statements was credibility cannot be deemed to be significantly unfair.

The victim D of the crime of the crime of the crime of the crime of the crime of the crime of the victim is a victim's chest by inserting his hand into the fastener, which is opened at the time the defendant faces with his shoulder.

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