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(영문) 대전지방법원 2018.02.07 2016노3202
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not commit an indecent act against the victim by putting her hand into the victim’s her part or panty in several times or by making her elbow and hand as stated in the facts charged in the instant case.

On the other hand, during the physical treatment process, the Defendant’s grandchildren could contact the victim’s her tock.

This belongs to the act of treatment and constitutes a justifiable act.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in August and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine is not acceptable.

1) The victim is relatively specific and consistent in the process of physical treatment from the investigative agency to the depth of the party, as described in the facts charged in the instant case, the Defendant made a relatively specific and consistent statement about the background, process, content, and the perception, before, and after the victim’s body.

In addition, there is sufficient motive for the victim to make a false statement even when the defendant is expected to be subject to criminal punishment, as the victim does not have a common sense prior to the instant case.

Therefore, the victim's statement is reliable.

2) The victim mainly complained of the pain pain and received physical treatment from the Defendant while complaining of the victim’s pain. While the victim’s clothes were in the process of noting the victim’s clothes, the Defendant seems to have shown the chest part repeatedly with the elbow and hand.

On the other hand, the defendant treats the victim's pain.

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