(영문) 대구지방법원 2020.10.16 2020노2368 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.10.16 2020노2368

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the point of indecent act by force between B and B in 2016 (the part concerning the charge of indecent act by force between B and spring in 2017), this part of the charge is an excessively generalized entry as to the date and time of the crime (the interval between B and spring in time from 2016 to 2017) and the charge is not specified, and the defendant's exercise of his right to defense is also significantly hindered. Thus, the judgment dismissing the prosecution of this part of the charge should be sentenced. However, it is unlawful for the lower court to find the Defendant guilty of this part of the charge. 2) The Defendant did not commit an indecent act by force due to the following: (a) the date and time of the crime was recorded excessively generalized (the interval between B and spring in 2016; and (b) the time and time of the crime was nine months or more).

In particular, with respect to the point of indecent act by force on January 1, 2016 (the part concerning the charge of indecent act by force on January 1, 2016), this part of the facts charged is that “the defendant gets the victim’s grandchildren, and gets the victim’s grandchildren, even though the victim’s statements as to this part of the facts charged are all true, according to the victim’s investigative agency and the court below’s statements in each of the facts charged, the defendant was only once the victim’s grandchildren, and was not recognized to have taken the victim’s losses or used them twice, but it was not recognized that “the defendant was guilty of this part of the facts charged, including the part that “the defendant gets the victim’s grandchildren and took the victim’s grandchildren,” and that part of the facts charged are erroneous.

3. At the time of the instant case, the Defendant did not use the “Assault to such an extent as to make it difficult to resist,” which is necessary for the establishment of indecent act by indecent act, and the Defendant’s act cannot be established by the method of so-called “indecent act by indecent act.”

In addition, in the case of indecent acts by force on January 1, 2016, it is somewhat meaningful.

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