beta
(영문) 부산고등법원 2020.05.13 2019노519

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the accused case’s conviction and the case of probation order request.

Since the appeal was lodged only by the defendant, there is no benefit of appeal on the part of the probation order claim.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for probation order is excluded from the scope of the judgment of this court.

2. Grounds for appeal;

A. When a mistake of facts is conducted on behalf of the Defendant, the Defendant got off the part of buckbucks, which appears to be 'bucking' (hereinafter referred to as 'bucking') as the victim’s horses.

In other words, at the time, there was or was a request of the victim.

In addition, the Defendant did not have any her her butt, as stated in the facts charged.

It was only a part of the last end of the victim's jackets.

B. The sentence of unfair sentencing (six months of imprisonment and two years of suspended execution, etc.) of the lower court is too unreasonable.

3. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant had committed an indecent act at the time when the victim's bucks spreads several times as stated in the facts charged, and that the Defendant was her her tack.

This part of the defendant's assertion is without merit.

① The victim stated in the police that, at the time of the Defendant’s vicarious driving departure, the Defendant met the left side bucks once, and asked whether the left left turn is left or left at the intersection where the traffic signals are installed during the operation of the vehicle, and that the Defendant’s left left bucks were only three times.

(Evidence Records 6, 7 pages) According to the victim’s Kakakao text messages, etc. (Evidence Records 38 pages or less).