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(영문) 서울동부지방법원 2019.06.07 2019노230
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of the instant case, when the Defendant was faced with the victim during the process of reporting the urine at the time of the instant case, the Defendant used the victim’s arms in order to avoid facing the victim, reported the victim to the police, and put the victim on the rest of the toilet in order to prevent the defective report.

There is no fact that the defendant forced the victim to commit an indecent act as stated in the facts charged, and there is no intention to commit an indecent act.

B. The lower court’s sentence of unreasonable sentencing (the fine of 4 million won and the completion of a sexual assault treatment program) is too unreasonable.

2. Determination

A. The Defendant, in the lower court’s judgment as to the assertion of mistake of facts, argued in the same manner in the trial, and the lower court, based on the evidence duly adopted and investigated, found the facts charged in the instant case guilty.

However, the victim stated consistently from the investigative agency to the effect that "the victim waits behind the defendant for the purpose of viewing the urine, but the defendant brought back the victim's face back to the victim, and the victim strongly brought in the victim's arms." Although there are some inaccurate parts of the victim's statement about the specific point of the statement, whether the statement was made at the time of the defendant's appearance or not, the victim's statement was partly inaccurate, the purport of the victim's statement is that "the defendant who saw the urine, brought back the victim's own back to the afterma without properly putting his clothes," and it is consistent in the core part, and there is no reason to dismiss the defendant by making a false statement, the judgment of the court below is justified, and it cannot be said that there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

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