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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2014.09.12 2014노2089
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant entered the guard room where the victim G was working, there was no assault of G as described in the facts charged, and the Defendant merely sought approximately five minutes of U’s demand at the apartment management office where the victim H work together, and did not interfere with the work.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of phoneing to the hospital.

C. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, fines of three thousand won, and orders to complete sexual assault treatment programs 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the act of assault, the lower court found the Defendant guilty of the assault among the facts charged in this case by comprehensively taking account of the evidence as indicated in the judgment of the lower court, the lower court found the Defendant guilty of the assault among the facts charged in this case. 2) The following circumstances acknowledged by the evidence duly admitted by the lower court and the lower court, namely, the victim G, which are specific and consistent with the circumstances acknowledged by the Defendant: (a) the Defendant’s statement made by the witness N at the court of the lower court, as well as the Defendant’s assaulting on G; (b) the police as well as the Defendant’s statement made by the witness N at the court of the lower court; and (c) the Defendant made a 112 report to the lower court, appears to have raised the credibility of G’s statement; and (d) the Defendant made a statement to the lower court and the lower court to the effect that he did not have recorded the files, considering the fact that he did not have any record.

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