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(영문) 수원지방법원 2016.07.21 2016노1118
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. Fact misunderstanding (indecent act in force) the Defendant merely contacted the victim’s her her mare, etc. while under the influence of alcohol, where the victim’s her mare on the left part of the bridge and the her mare in the influence of alcohol, and did not intentionally commit an indecent act by force because the victim’s her mare alone.

Nevertheless, the lower court found the Defendant guilty of the charge of forced indecent conduct of this case on the grounds of the statement of the victim without credibility, thereby misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that an illegal criminal defendant committed suicide with a view to suppressing the sentence, however, was rescued and treated as being rescued, there was no record of criminal punishment, and that there was an old age, the sentence of the court below that sentenced the order to complete a sexual assault treatment program program for a fine of KRW 3 million and KRW 40 million is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant intentionally committed an indecent act against the victim, based on the following facts: (a) according to CCTV video CDs at the scene of the crime, the Defendant’s plucking out and plucking out the left part of the victim; and (b) it is confirmed that the victim plucked out of the scope of ordinary movements; and (c) it intentionally deviates from the scope of ordinary movements, and thus, the Defendant appears to have taken her her son’s her her her her her her her her her her her her her her her arm

The following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the lower court, namely, ① the Defendant stated in an investigative agency that the Defendant was her her tamp as the Defendant was in charge of the indecent act, but the Defendant did not look at the victim’s her tamp, based on the revised facts charged and CCTV images.

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