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(영문) 서울고등법원 2014.10.30 2014노2018

강제추행상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After the occurrence of an indecent act by force, the injury of the victim of a mistake of fact or misunderstanding of legal principles “influences, tensions, etc., which require two-time medical treatment” was terminated, the victim’s act of indecent act by force was committed intentionally by another assault by the Defendant who saw the sound as the noise. Therefore, there is no causal relation

In addition, the “injury” that the victim kneee knee knee knee knee knee knee knee knee knee knee knee knee knee knee

Therefore, the judgment of the court below which found the defendant guilty of the injury in the part of the injury caused by indecent act, or guilty of the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by mistake or misunderstanding of legal principles.

B. Although there are special circumstances under which an improper defendant should not give notice of disclosure or notification of personal information to the defendant, it is unfair for the court below to impose an order to disclose personal information to the defendant.

C. The sentence imposed by the lower court (three years of imprisonment and six years of suspended execution for two years and six years) is too unreasonable.

2. Determination

A. As to the argument that the act of indecent act by compulsion and the act of injury should be judged as separate act, the court below also asserted the same purport as the grounds for appeal, and the court below rejected the above argument by clearly explaining the judgment on the defendant's argument under Paragraph (1) under the title "the judgment on the defendant and his defense counsel". In addition to the grounds stated by the court below, if the following circumstances acknowledged by the evidence duly examined in the court below were to be seen, the above judgment of the court below is just and acceptable, and it is erroneous in the misapprehension of the legal principles.