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(영문) 대전지방법원 2015.01.21 2014노745
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s accusation of mistake (the Defendant) was made under the direction of P professor in conflict with the Defendants, and the victim’s statement was not reliable. However, the lower court convicted Defendant A of the instant facts charged. (2) Defendant B’s accusation of the victim I was made by mistake of fact, and in light of the statements of AC and V at the site of the instant case, the victim I’s statement alone cannot be deemed to have proved the instant facts charged against Defendant B, and the lower court convicted Defendant B of the instant facts charged by mistake of fact.

B. The Defendants committed an act identical to the entries in the facts charged in the instant case by misapprehending the legal principles (defendants)

Even if this does not constitute an indecent act, it does not constitute “indecent act.”

C. As to the punishment (Defendant A: fine of KRW 8 million, order to complete a program 40 million, order to complete a program by Defendant B: KRW 3 million, order to complete a program by 40 million) imposed by the lower court on the Defendants, the Defendants are deemed to be so unreasonable that the Defendants are too unreasonable, and the prosecutors are deemed to be too uneasible and unfair.

2. Determination on the grounds for appeal

A. 1) In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the Defendants’ assertion of mistake of facts, Defendant A may be admitted as having committed the same act as the facts stated in the judgment of the court below. As such, Defendant A’s allegation of mistake of facts is not accepted. A) The victim J and L consistently make statements from the investigative agency to the court below on the point of time when Defendant A met their body, the background and form of conduct, etc.

B. The Victim K is the prosecution.

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