(영문) 대구고등법원 2018.02.22 2017노551 | 리걸엔진

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(영문) 대구고등법원 2018.02.22 2017노551

폭력행위등처벌에관한법률위반(공동상해)등

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The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal on the part of the case by the defendant (related to the acquittal of the charge of forced indecent conduct in the judgment of the court below) is that the victim, until the investigation agency and the court of the court of the court below, she sealed the victim's rear and body and added her body, and her son her son am at right her am.

Considering the consistent statement, considering the location where CCTV was installed, the credibility of the victim’s statement cannot be denied solely on the ground that the face of indecent act is not directly identified in CCTV images, and the witness G also reported to the investigation agency and the court of the court of the court below that the Defendant consistently felled with the victim and the Defendant.

In light of the above facts, G’s statement is sufficient to fully recognize the Defendant’s indecent act committed by the victim, as stated in this part of the facts charged, in full view of the following: (a) as he was injured by the victim’s knick part of his knife; (b) there was no reason to make a statement by exaggeration of the victim’s damage; and (c) there was no reason to prevent the Defendant from committing an indecent act against the victim; and (d) there was no reason to block the Defendant

Nevertheless, the court below rendered a not-guilty verdict on the charge of the forced indecent act of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

In light of the various sentencing conditions in this case, the sentence sentenced by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too uneasable and unfair.

Judgment

On August 28, 2015, the summary of this part of the facts charged against the assertion of mistake (related to the charge of indecent conduct in force as indicated in the judgment of the court below) is as follows: (a) on August 28, 2015, the Defendant forced the victim to have his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her thm

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