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(영문) 대전고등법원 2017.10.27 2017노163
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. As to the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Special Coercive Acts) (the Defendants), the Defendants made a victim E (a person, a person, and 52 years old) and vaga as a matter of giving the statement in the statement, and Defendant B was unilaterally abused against the victim.

Defendant

A In the process of speaking the victim, while the victim was flicked with the clothes of the victim, there was no other contact with the victim's body.

The statement of witness I (name) of the situation at the time is not reliable.

According to this, although the Defendants should be acquitted, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) As to the insult of the offense of insult (Defendant A) Defendant A did not have the same statement as indicated in this part of the facts charged.

On the other hand, "any male sex relationship is good in health" for the victim.

Although the phrase “” was written, that is, the victim’s personally speakings through telephone. B. The lower court’s sentencing against the Defendants unfair sentencing (public prosecutor) is too unfortunate and unfair.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of facts, the lower court, in light of various circumstances, stated that the credibility of each statement made by the victim and I in the lower court was recognized in light of the following statements and other evidence, convicted the Defendants of this part of the charges.

B) In full view of the following circumstances acknowledged by the lower court and the court’s duly admitted and investigated evidence, the Defendants’ act of indecent act by force against the victim, as stated in the facts constituting the crime in the judgment below, committed in the “F” tea house operated by the victim on the day of the commission of the crime.

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