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(영문) 춘천지방법원 2017.01.19 2016노63
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant’s misunderstanding of the fact that he intentionally committed an indecent act by force on the part of the victim’s buckbucks because he was locked in the bus.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant argued to the same effect in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in this case.

Examining the evidence duly adopted and examined by the court below and the court below on a thorough basis, the judgment of the court below is just and there is no error of law by misunderstanding the facts (the victim, from the investigation process to the court below, stated that there was no difference between the defendant's initial part inside and in detail the victim's bucks, as well as the victim's first bucks, even after the victim resisted against the defendant, and that there was a little difference in the intensity and form of the bucks.

Even if it is difficult to view that the credibility is denied in light of the consistency and accuracy of the overall statement.

In addition, the part of the first part of the defendant's possession of the victim was located inside the right buckbucks where it is difficult for the defendant to naturally hold the defendant's arms. This is also the same in consideration of the trace of the bus.

At the time of the first indecent act, the victim immediately resisted to the defendant, and the defendant asked the victim about where to what extent the victim would go in the victim's port, and thereafter the victim tried to go back to the police.

Since then, the Defendant got out of the victim's bucks (bucks) more than two to three times, which seems to have been committed intentionally by the Defendant in order to make the victimized person strongly resisted the first indecent act, and as such, the indecent act was committed in a locked manner.

After the occurrence of the instant case, the Defendant.

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