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(영문) 대구지방법원 2014.10.23 2014노1349
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, community service, 160 hours, and 40 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts.

1) The victim consistently stated at an investigative agency that "When she intends to report the day of the instant case to see at the female toilet on the day of the instant case, she followed by the defendant and she was pushed about with the left side of the toilet (on the basis of the side on which she was the victim, her left side, and the side on the side on which she was the victim) and she was faced with the wall, while she was able to get out of her body, the defendant divided her own shoulder and her shouldered with her chest by one hand, and her chest was broken down with her chest, and her chest was pushed up by another hand, and her chest was pushed up with her chest by another hand, and the victim's statement was made on the day of the instant case, it is difficult for the victim to obtain the victim's statement about the indecent act at the time of the indecent act, indecent act and indecent act, etc., and the victim's she did not have any inconsistency with the facts of the court below."

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