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(영문) 서울북부지방법원 2017.03.23 2017노68
강제추행등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

40 hours per the defendant.

Reasons

1. On January 25, 2016, the lower court dismissed the prosecution as to the assault by a person on January 25, 2016 among the facts charged, and sentenced the remainder of the facts charged.

However, since the defendant and the prosecutor appealed only the guilty portion of the judgment of the court below and did not appeal all the dismissed portion of the prosecution, the dismissed portion of the judgment of the court below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. Summary of reasons for appeal;

A. In relation to Defendant (1)’s indecent act by force under Paragraph (1) of the criminal facts stated in the judgment of the court below, the Defendant only committed an indecent act by force on the part of Defendant (1) as indicated in the judgment of the court below, that the Defendant: (a) divided the inside share that she had drinking alcohol at the time with F and caused drinking to drink; and (b) there was no fact that F’s buckbucks and tacks tacks; and (c) in relation to the forced indecent act under Paragraph (5) of the criminal facts stated in the judgment of the court below, the Defendant provided that F would be a different place for the Defendant to go against the Defendant, and she expressed a desire and wrap with F, but there was no fact that F

In relation to perjury, the defendant testified according to his memory.

Nevertheless, the court below found all of the charges guilty by misunderstanding the facts, and the judgment of the court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

(2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

3. Determination

A. (1) Determination on the Defendant’s assertion of mistake as to each of the charges of indecent acts by force is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the victim F, from the investigative agency to the court of the lower court’s determination, to May 2, 2015 (the lower court’s determination).

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