(영문) 청주지방법원 2017.01.20 2016노759 | 리걸엔진

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자간(%)

(영문) 청주지방법원 2017.01.20 2016노759

강제추행

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In other words, misunderstanding of the facts and legal principles, the Defendant’s misunderstanding of the body of the victim as stated in the facts charged is merely an intentional act while locked with the victim, not an intentional indecent act.

In addition, it is clear that the defendant did not assault or threaten the victim's resistance to the victim's body to the extent that he did not suppress the victim's resistance, and this does not constitute a so-called "indecent act committed by the victim's body as an indecent act."

In this respect, the defendant can not be punished as an indecent act.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months suspended, the community service order of 80 hours, and the order to attend a sexual assault treatment program of 20 hours) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is that the Defendant was aware of the victim C (V, 21 years of age) and a middle school student.

At around 03:00 on September 13, 2015, the Defendant, at the victim’s house located in Jongno-gu Seoul Metropolitan Government Jongno-gu, committed an indecent act against the victim by forcing the locked victim to commit an indecent act. On the same day, around 09:30 on the same day, the Defendant kept the son into the victim’s sitts, kids, kids, kids, and kids, kids, and kids of the victim by her hand when the victim kids the victim from diving, and her kids and kids were kids of the victim by her hand. The Defendant committed an indecent act by coercioning the victim’s sat and her breast part by force.

B. The lower court denied the Defendant’s criminal act similar to the grounds for appeal, but the lower court found the Defendant guilty of the instant facts charged based on the evidence duly admitted and investigated.

(c)

On the other hand, according to the following circumstances acknowledged by the evidence as above, the defendant is guilty.

유사 판례

-청주지방법원 2016.06.30 2015고단1860

-의정부지방법원 고양지원 2016.04.26 2015고합240

-서울북부지방법원 2017.12.14 2017고단3544

-서울중앙지방법원 2016.04.22 2016노136

-대전지방법원 2017.11.15 2017노1652