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(영문) 대전고등법원 (청주) 2018.03.22 2017노186
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, and the statements of victims and witnesses D are not consistent, and D made a statement in the court of the court below that "the defendant saw the victim's timber", and the act of breabing the breath is completely different from the behavior pattern, there is no evidence to find the defendant guilty on the charge of assault, as long as the behavior pattern is completely different.

In addition, in the process of reconciliation when there was a little time between the defendant and the victim at the time of the instant case, the defendant had the victim's her her her her her her her her her her her her her her herb

Therefore, compulsory indecent act is not established.

Even if it is not so, the Defendant’s act of assault was used as a means of coercion or accompanied by it, and was absorbed into a forced indecent act, because the Defendant rhythm at the same time dumbling the victim’s bat.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in the misunderstanding of facts or legal principles.

B. The sentence of the lower court (a year and six months of imprisonment, a 40-hour order, and the disclosure and notification of personal information between three years) which was sentenced to unfair sentencing is too unreasonable.

2. Determination

A. In light of the misunderstanding of facts or legal principles, the Defendant’s assertion that there was no assault with the victim’s bat, or that there was no indecent act with the victim’s bat, in light of the following: (a) in light of the evidence duly admitted and adopted by the lower court, the Defendant’s bat and bat with the victim’s bat, etc.; and (b) the Defendant’s assertion that there was no assault with the victim’s bat, etc., or that there was no indecent act with the victim’s bat.

B. In light of the statements of witnesses D, the Defendant’s forced indecent act against the victim appears to have been separately imprisoned after the completion of the act of assault, and the act of assault was committed.

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