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(영문) 춘천지방법원 2015.08.12 2014노470
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit indecent act by compulsion against the victim E as stated in the lower judgment.

B. The sentence of unfair sentencing (the fine of 5 million won and the completion of the sexual assault treatment program) by the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and investigated by the court below, the victim reported the defendant to the police station on the day of the occurrence of the case, the victim made a statement from the police to the court of the trial by compulsion of the victim. The victim's statement is reliable because it describes the part that is difficult to express the victim's statement in a consistent and detailed manner at the time of the crime, unless the victim's statement is directly experienced about the contents of the defendant's statement and the attitude of indecent act by compulsion of the victim, it corresponds to the victim's statement. The victim's statement of the victim's male-friendly witness I also seems to correspond to the victim's statement. The defendant stated that the police officer dispatched to the crime of this case immediately after the crime of this case "the victim knew that he was an employee of the victim," and the defendant made a confession in the court of the court below that the above confession and fairness were made in the presence of a defense counsel in the presence of the judge secured by the law, and there is no special circumstance to suspect credibility.

B. The fact that the nature of the crime of this case is not good, that the defendant gives a vindication that he cannot obtain without being opposed to the allegation of unfair sentencing, that he did not reach an agreement, and that he did not endeavor to recover damage, and that the defendant committed the crime of this case.

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