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(영문) 의정부지방법원 2019.05.10 2018노1188
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any misunderstanding of the facts against the flowing water.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below on the assertion of mistake of facts, it is recognized that the defendant committed an indecent act on the part of the victim's sexual organ on the running water pool, and that the criminal intent is also recognized.

Therefore, we cannot accept this part of the Defendant’s assertion.

1) The victim made a statement at the police, which is a fiduciary relationship, that is, the mother’s consent. The victim consistently made a statement that “the victim was suffering from the conduct at the time of the crime of indecent act in this case, and did not have any person around.” The Defendant saw the victim as her head and her victim met with the victim.” In particular, the Defendant made a clear statement on the method of indecent act in the manner that the victim committed an indecent act, i.e., committing an indecent act by leaving the left hand back to her head, and her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head, her head her head.

However, the victim and E stated to the effect that “victims and their relatives move in the direction opposite to the direction of flowing water in order to obtain the mother from safety personnel, but they were almost no people in the surrounding areas at that time,” and the victim and E.

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