(영문) 대전지방법원 2020.10.28 2019노3611 | 리걸엔진

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(영문) 대전지방법원 2020.10.28 2019노3611

강제추행

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, found the Defendant guilty of the instant facts charged on a different premise, by misunderstanding the facts, and thereby adversely affecting the conclusion of the judgment, even though he did not intentionally take charge of the victim’s chests, such as the facts charged, at the age club stage.

B. Unless otherwise, even if there is an unreasonable sentencing, the lower court’s punishment (fine 2.5 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On December 28, 2018, on December 23:15, 2018, the Defendant committed an indecent act by force on the part of the employees of the age club C (the family name, leisure, 25 years old) by holding dancing at the stage inside the BB club located in Daejeon-gu Daejeon, Daejeon, and returning to a place where he was living alone.

B. The lower court rejected the Defendant’s assertion on the ground that the Defendant could sufficiently recognize the facts charged in the instant case, in full view of the following: (a) the victim’s statement was specifically, consistent, and in light of the manner and attitude of the victim’s statement in the court; and (b) the CCTV images at the time of the instant case are consistent with the victim’s statement; and (c) the lower court found the Defendant guilty.

C. The judgment of the court of this case 1 case is consistent from the investigative agency to the court of the court below. The victim stated to the effect that "the defendant had a view on the side of the truth while she sees the stage from the place of the stage, but the defendant got dancing at the place of the night and went to the place of the victim's side while she got about 1 second, the left chest was taken by hand." In addition, "the defendant demanded the apology immediately following the defendant, but the defendant refused to go to go to the court of the court, and became aware of the fact of damage caused to her fee."

유사 판례

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-대전지방법원 2015.09.18 2015고정279

-서울남부지방법원 2017.02.08 2016고단1899

-서울서부지방법원 2013.10.02 2013고단2035

-대구지방법원 김천지원 2014.05.14 2014고단74