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(영문) 서울동부지방법원 2016.08.18 2016노189
준강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit any indecent act against the victim D, as described in the facts charged, and the statement of D is not reliable in light of its content itself or the statement of related persons, and D did not drink so that it is impossible to resist. In addition, the judgment of the court below which found the Defendant guilty, was erroneous in the misapprehension of facts, which affected the conclusion of the judgment, and even if it is found that the Defendant was guilty of domestic affairs, the sentence of the court below (the imprisonment of six months and forty hours and the order to complete sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) of the lower court is deemed to be too unhutiled and unfair.

2. The facts charged in this case

A. On July 28, 2014, from around 02:00 to 03:00 on the same day, the Defendant - Dong in Gwanak-gu in Seoul Special Metropolitan City - from around 02:00 to around 03:00, after drinking alcohol with volunteers, such as victim D ( South and 19 years old), etc., where the head of the organization to which the Defendant, who is the executive secretary of the organization, belongs, performed an indecent act by taking advantage of the victim’s resistance impossible condition, and was able to do so by taking advantage of the victim’s resistance, she exceeded the victim’s bar and panty panty, and she was promptly frighted with the victim’s sexual organ as his/her hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

B. On January 30, 2015, from around 02:00 to 03:00 on the same day, the Defendant saw to drink with the aforementioned volunteers, such as the victim D (19 years), and locked with the victim, and lockedly committed an indecent act with the victim by taking advantage of the victim’s resistance impossible condition under the influence of alcohol. The Defendant exceeded the victim’s breath and panty panty, exceeded the victim’s breath, and prompted the victim’s sexual organ into his/her hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

3. The judgment of the court below.

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