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(영문) 청주지방법원 2020.11.27 2020노523
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) mistake of facts and misapprehension of legal principles regarding the charge of violence among the facts charged in the instant case: (a) the Defendant was suspected of having made a false statement and made a statement to the same effect as the Defendant stated in the facts charged; and (b) the Defendant did not have committed gambling because the victim, who had taken a mobile phone from the Defendant, was satisfly prevented the Defendant from leaving the cell phone again by his arms in order to force the victim to cut off the cell phone again during the dispute with the victim; and (c) did not have satisfly committed an indecent act by satisfing the victim’s hand, selling satfes, selling satisfes, or cutting off satfes by sating the shoulder. In relation to the point of indecent act by compulsion, the Defendant was only on board the victim and the elevator as stated in the facts charged, and there was no indecent act in the elevator. However, the above statement did not constitute defamation against another neighbor, even if the Defendant did not know that the performance did not constitute an unfair sentencing order under Article 137(1) of the Criminal Act.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. As to the act of assault, the Defendant asserted the above purport in the lower court.

The lower court rejected the Defendant’s assertion and its determination in detail, and found the Defendant guilty as to this part of the facts charged, on the following grounds: (a) first to fourth to fifth, the Defendant’s argument and judgment.

Examining the reasoning of the judgment below in a thorough manner with the records, we affirm the above judgment of the court below, and there is a mistake of facts alleged by the defendant.

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