(영문) 인천지방법원 2020.09.11 2019노4386 | 리걸엔진

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(영문) 인천지방법원 2020.09.11 2019노4386

강제추행

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although it is difficult to recognize the credibility of the victim’s statement that conforms to the facts charged in the instant case of mistake of facts, there is an error of misconception of facts that the lower court found the Defendant guilty of the facts charged in the instant case. (2) The sentence of imprisonment (six months of imprisonment, two years of suspended execution, community service, 80 hours, 40 hours of attendance order, 3 years of employment restriction order) imposed by the lower court

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of mistake of facts

In full view of the following circumstances acknowledged by the victim’s statement, credibility is recognized in the victim’s statement, and the defendant is recognized as having committed an act identical to the facts stated in the facts constituting the crime in the judgment of the court below, and this is a tangible event committed against the victim’s will and can be evaluated as an indecent act from the general public as not only infringing the victim’s sexual freedom, but also an indecent act from the general public. Thus, even if there was no subjective motive or purpose to stimulate, stimulate, and satisfy the defendant’s sexual desire, the defendant’s intentional act in the crime of indecent act can be recognized. (A) Even if there was some confusion about the damage due to the provoking of memory due to the passage of time, the defendant’s act, content of the victim’s damage, and the victim’s statement about the situation before and after the crime is consistent and concrete, and there is no special circumstance that the witness’s statement might be false

Considering that the victim's statement from the investigative agency to the court of the court below, the victim's statement is reliable, in full view of the consistency, physical strength, and legal attitude of the victim's statement.

The defendant and the victim's side.

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