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(영문) 서울중앙지방법원 2017.06.09 2016노3804
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victim by mistake or misapprehension of legal doctrine.

Even if intending to be faced with the victim's timber and face, such as the victim's statement, there is a criminal intent of coercion in light of the circumstances.

It is difficult to see it.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2) The punishment of the lower court is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. The third sentence of the facts charged was changed on the date of the second trial of the trial of the first instance on the grounds for appeal.

The original facts charged are “(comfore) committed indecent acts by force, such as lying the victim’s own body on both arms, lying the victim’s body above the victim’s body into the victim’s neck and face.”

Since the revised facts charged do not differ significantly from the facts charged by the court below, it is inappropriate to reverse the judgment of the court below on the grounds of changes in the indictment, the method of determining the grounds for appeal by the defendant shall

A. On February 6, 2016, around 05:30 on February 6, 2016, the Defendant, at the first floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C Building, provided that the Defendant would provide meals with the victim E (n, 23 years of age).

The Defendant, while carrying the victim on the vehicle of the Defendant and going to the restaurant, called “he food at our house, thereby taking food at the restaurant,” and changed the victim to the residence of the Defendant F and 201 on the same day, Gangnam-gu Seoul on the same day.

After that, the Defendant: (a) was meal, and (b) was called “the victim’s body” as “the victim’s defect in the house; (c) was placed from a double arms on the part of the Defendant’s bed; and (d) the victim’s shoulder and double arms were strongly divided into one arms to prevent the occurrence of the victim; and (d) the victim’s body satisfyed into the victim’s body, and then the victim’s satisf and face will be satisfed.

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