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(영문) 서울서부지방법원 2016.10.20 2016노817
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts or misapprehension of legal principles merely caused a physical contact with the victim of a de facto waterway while walking, and there was no intentional her her butt on the part of the victim of an indecent act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed through the records of judgment on mistake of facts or misapprehension of legal principles and the pleading, the victim’s statement is reliable and sufficient to recognize the facts charged in this case, including the intention of indecent act, so the Defendant’s assertion of mistake of facts or misapprehension of legal principles is not acceptable.

The victim initially stated on the date and time of criminal facts, and there is no special reason to report false facts to the defendant or make a false statement, and there seems to be credibility in the statement in light of the attitude of the statement at the court of original instance.

Until the judgment of the court below, the victim consistently stated that the hand of the defendant was in contact with his son, and the victim seems to be sufficiently distinguishable from that of the defendant in light of the victim's age, etc.

The defendant was faced by the victim who was faced above, and even if the person and body are faced by the victim, it is very rare that her kn't kn't kn's kn't kn't kn't.

The victim informed a male-child who was in telephone conversations immediately after the defendant's her son's son's son's son's son's son's son's son's son's son's son's son's son.

The Defendant, after committing the instant crime, had the victim and his male-friendly Gu followed himself, and forced him to commit an indecent act by committing an indecent act.

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