beta
(영문) 부산지방법원 2013.06.21 2013노978

강제추행등

Text

The defendant's appeal is dismissed.

The defendant pays medical expenses of KRW 2,717,564 to the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. In order to mislead the victim of a traffic accident, the Defendant: (a) committed a mistake of facts in the judgment of the court below that found the victim guilty of indecent act by force among the facts charged in the instant case on the grounds that: (b) the victim was fucks down due to traffic accident; (c) fucks and dumps and rhums caused the victim to dump; and (d) the victim dumps and rhums caused the victim by force;

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment, and 300,000 won of collection) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim consistently stated that he was forced by indecent act from the defendant as stated in the facts charged in this case from the investigative agency to the court below, ii) the victim sent text messages to criticize the defendant who introduced the defendant after committing the crime in this case, and iii) the records of this case do not seem to have any special circumstances to suspect the credibility of the victim's statement, the court below's judgment that found the defendant guilty of indecent act by indecent act in this case cannot be said to be erroneous in matters of law.

B. The lower court’s sentence is reasonable in light of the following: (a) the point of inappropriate sentencing; (b) the Defendant denied the part regarding the crime of indecent act by compulsion among the instant crimes; (c) the Defendant did not appear to have an attitude of reflection; and (d) the offender’s face is not good; (d) the victim’s face is not agreed upon; (e) the records of punishment for the same type of bodily injury are several times; and (e) the Defendant’s age, occupation, and all other matters regarding the sentencing indicated in the instant records.