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(영문) 창원지방법원 2015.10.01 2014노2606
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the judgment of the court below was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment, despite the fact that the victim C’s her her her her her her her her her her her her her her her her her her

B. The Defendant asserts that the sentence imposed by the lower court (one year of suspended execution, one year of probation, and 40 hours of sexual assault treatment lectures in six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant, at around 22:50 on July 25, 2013, committed an indecent act against the victim by approaching the victim C(the age of 42) who is walking up at the two-party park located in 123-13, 123-13, a window of Changwon-si, and approaching the victim C(the age of 42).

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

C. In full view of the following circumstances revealed by the court below's judgment and the evidence duly admitted and investigated by the court below, namely, ① the victim made a specific and consistent statement from the investigative agency to the court below's court, ② the witness E also made a concrete and consistent statement about the situation at the time of the court below's trial, ② no other circumstance to suspect the credibility of the victim and E's statement is found, it is reasonable to deem that the defendant committed an indecent act by force against the victim since the victim's her her her her her her her her her her her her her her her her

Therefore, the defendant's assertion of mistake is not accepted.

3. It is recognized that the Defendant has no record of committing a crime exceeding a fine for the past ten years, and the extent of indecent act by compulsion and assault is relatively excessive.

However, in the trial.

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