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(영문) 제주지방법원 2015.07.09 2015노234
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts set forth in Paragraph 2 of the judgment of 2014 Highest 1726, the Defendant merely fighting with the victim I and did not commit an indecent act against the victim. 2) No. 1 of the judgment of 2014 Highest 1848.

In relation to the port facts, the defendant has no fact when he/she was injured.

3) Regarding the facts set forth in Article 1-B(b) of the Decision No. 2014 Highest 1848, the Defendant was only the victim B, and there was no time for the said victim. B. The lower court’s sentence of unfair sentencing (two years of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, the Defendant asserted that the lower court’s judgment erred in misunderstanding of facts, Paragraph 2 of Article 2014 high-level 1726 of this Court, and Paragraph 1 of Article 2014 high-level 1848 of this Court’s holding that the Defendant was at least 05:00 on September 11, 2014, and was aware of the fact and found the Defendant, and was at the same time in a series of processes with the husband B of the said victim’s husband. 2) First, he asserted that, in relation to the indecent act by force against the victim I, the Defendant had a dispute with the said victim, and the Defendant was aground, and the said victim was also aground.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim I met the victim's bucks that the defendant smoked in the above victim's side. The victim saw the victim's bucks around the above victim. The victim saw the victim's face while resisting the defendant, and the above victim saw the victim's face as drinking. The defendant was consistently asserting the above victim's face from the investigation process to the court of the court below. The witness's statement is consistent with this, and the defendant and the victim I met the issue of tobacco smoke at the time. However, the victim was a woman, but the above victim was a woman.

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