beta
(영문) 인천지방법원 2015.01.23 2014노3813

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act against the victim as stated in the judgment of the court below. (2) The sentence of the court below on unreasonable sentencing (the fine of three million won and the completion of sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts: ① The victim C took the Defendant’s face from the investigative agency to another place after committing an indecent act as above, and was seated on a bus No. 9500, around November 16, 2013, and the Defendant was seated and was seated in the next place in the calculation station. At the time, the victim was in a state where there was a little deal of drinking drugs. At the time, the victim was able to sleep off, and the Defendant continued to cut off the victim’s chest with the victim’s chest buck, and was pushed down with the victim’s chest with the victim’s buckbuck, “The victim made a consistent statement on the situation at the time of the lower trial,” and the victim took the Defendant’s face by moving it to the Defendant’s face, and the victim was sufficiently informed of the fact that it was difficult to recognize the Defendant’s motive or an indecent act in light of the reasoning of the lower judgment.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the lower-age victim, who is merely 16 years of age, committed an indecent act as above, thereby causing the victim to suffer serious mental suffering, which is consistent with the defense up to the trial, and does not seem to have any particular reflection.