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(영문) 수원지방법원 2017.12.01 2017노5189
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The fact-misunderstanding victim’s statement is specific and consistent, the victim appears to have suffered a considerable mental impulse in light of the victim’s attitude immediately after the crime of this case, and the F also witness the victim’s body going beyond the sect and going up to the victim’s body so that the victim’s knife might not occur.

In full view of the fact that the defendant's statement and the fact that the defendant's statement were changed after voluntary accompanying, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (2 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) between October 7, 2016 and 03:10, the Defendant: (b) around 01:07 to around 03:10; (c) up to two main points of “D” located in Suwon-si C and the second floor of Suwon-si; (d) up to two main points of “D” located in Suwon-si C and the second floor; and (e) the Defendant was able to out the shoulder of the Victim E (F, 22 years of age); and (c) was bread with the victim’s breath and was under the influence of alcohol.

B. The lower court determined that: (a) the victim’s 112 report was without any reference related to key; (b) the investigative agency and the lower court stated in the investigative agency and the court that “the victim committed an indecent act to the effect that “the victim attempted to use the victim’s house at the seat of F, but the Defendant committed an indecent act by inducing him/her to use the victim.” However, according to CCTV images installed in a singing room, F was around 03:05; (b) the CCTV was installed in a singing room; and (c) the victim’s statement was not observed at all; (c) the victim’s statement was inconsistent with the victim’s statement to the effect that the Defendant, the victim, and the F was in conflict with the objective situation seen from CCTV; and (d) the victim’s statement was inconsistent with the victim’s statement to the effect that the Defendant tried to assault the victim.

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