(영문) 부산지방법원 2018.02.09 2017노3941 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2018.02.09 2017노3941

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, and there was no intention to commit an indecent act.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, and 40 hours of lecture for sexual assault treatment) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant can sufficiently recognize the facts that the victim committed an indecent act as stated in the facts charged, and the Defendant’s intent also is recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and it is not erroneous in the misapprehension of facts as alleged by the defendant, and the above assertion by the defendant is rejected.

① In a case where a witness’s statement, including a victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem the credibility of the statement objectively deemed objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim, from an investigative agency to the court below, made a consistent statement on the facts of damage, the circumstance of the case, and the situation before and after the trial. Such statements are specific and natural to the extent that it is difficult for the victim to make a statement without experience, and there are no other circumstances to suspect the credibility of the victim’s statement.

② After the crime of this case was committed, the victim knew of the damage caused by telephone to the victim, and the victim knew of this fact to the manager of the game room where the victim works. However, the victim was forced to commit an indecent act by finding the proprietor of the game room directly at the police station on the day of the crime.

reported.

(3) Victims and defendants shall be hoteled.

참조판례

-대법원 2012. 6. 28. 선고 2012도2631 판결

유사 판례

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