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(영문) 대전고등법원 2019.05.10 2019노86
강제추행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence duly admitted and investigated by the court below, the court below found the defendant not guilty of the injury resulting from indecent act by force and indecent act by force among the facts charged in this case.

B. The sentence (one million won of a fine) imposed by the lower court on the Defendant is too uneased and unreasonable.

2. Determination

A. The summary of the facts charged 1) The Defendant, at around October 26, 2017, committed indecent act by compulsion, following the Defendant’s assault as seen above, committed indecent act by compulsion in line with the victim E (one person, other person, and 21 years old) of the victim E (one person, other person, and 21 years old) committed sexual assault by the Defendant.

B) In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the evidence submitted by the prosecutor alone is insufficient to deem the Defendant to have committed indecent acts by force, and there is no other evidence to acknowledge this differently. The lower court’s judgment was based on the following circumstances: (a) the victim F (the life, the age of 41) who is the mother of D was in line with the Defendant’s indecent act; (b) the Defendant f (the age of 41) flicked the victim’s chest with the Defendant’s snick; (c) flicked the victim’s chest; (d) the victim was flicked with the chest; and (e) the victim was flicked with the chest’s chest; and (e) the victim was flicked with the victim’s flick; and (e) the victim was flick with the victim’s flick

① The Defendant was dissatisfied with the Victim on the ground that he assaulted D. At the time, the Defendant, along with the victim’s pents between the road and India, and the Defendant and the victim are able to see their faces close to each other by speaking to the effect that ice ice ice ice ice is very close from the nearest distance.

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