logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.04 2017노421
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

Even if the defendant suffered losses of the victim, such as the facts charged, the defendant

Even if the facts charged were to be charged, the time of the crime and the number of damages were wrong, and the defendant did not have the intention of forced indecent act at the time.

In addition, the Defendant’s expression “the president and § 22 is not an indecent act by force against the victim.”

B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged to the same effect as the grounds for appeal of mistake of the above facts. As to this, the lower court consistently stated that in the investigative agency and this court, the victim repeats several expressions to the effect that “the Defendant was in a relationship with G, and the president and dial-a-a-law,” and that, in that process, the victim lost his left hand by the pipe of his hand, but did not take his hand again.

G also made it clear in this Court that the Defendant expressed that the Defendant “dial-a-a-a-a-a-the-job harm” was the victim.

Although there are some differences between the victim and G's statement about the situation before and after the crime, the main contents of the statement are consistent with the situation at issue, and there are no circumstances to suspect the credibility of these statements.

Ultimately, according to the evidence submitted by the prosecutor, the defendant's statements to the victim as stated in the facts of the crime and the victim's losses can be recognized.

In addition, in light of the contents of the statement that the defendant was the victim, the attitude of the defendant's act shown in the process, and the fact that G confirmed through the victim the contents of the statement that the defendant was the victim and resisted against it, the victim due to the above words and actions of the defendant.

arrow