(영문) 수원지방법원 2019.05.10 2018노7628 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.05.10 2018노7628

폭행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant did not commit an indecent act by compulsion against the victim C or assault the victim E.

Nevertheless, the court below convicted the defendant on the basis of the statements of the victims without credibility and witness witness.

(2) The lower court’s sentence of unreasonable sentencing (limited to four months of imprisonment, two years of suspended execution, and forty hours of an order to attend a sexual assault treatment lecture) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s detailed determination of the Defendant’s assertion of mistake of facts is based on the following circumstances revealed by the evidence duly admitted and investigated by the lower court, and the Defendant’s act of indecent act by compulsion of the victim C and assaulting the victim E can be acknowledged.

Therefore, this part of the defendant's argument is without merit.

(1) The details of the statements made by the victims and witnesses are inconsistent.

Although there is no credibility of the statements on the ground that they are or inconsistent, victims and witnesses D have made a relatively consistent and detailed statement on the main part of the facts charged that “the defendant has taken the chest of the victim C, and later, the defendant has taken the face of the victim E to the victim E” from the investigative agency to the court of original trial, and there is no logical contradiction or conflict, and thus, the credibility is very high.

② The Defendant, at the time of the prosecution, stated that the Defendant was under the influence of alcohol so that he was faced with the victim, while at the court of the court below, the Defendant stated that he was faced with the victim while she was under the influence of alcohol.

③ immediately after the victim’s physical contact with C, the Defendant immediately went away because the victim’s behavior led to a noise of the Defendant and drive away, and as the Defendant alleged, the Defendant C as the Defendant asserted.

유사 판례

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-광주고등법원 2015.07.09 2015노206

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