logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2014.07.15 2014노93
강제추행치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to the guilty portion of the lower judgment, Defendant 1 merely took care of the victim’s chests, etc. in order to prevent the victim who cited improvement, and did not have the intent of indecent act by compulsion. However, the lower court found Defendant guilty of this part of the facts charged, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

B. Since a prosecutor - a victim of mistake of facts as to each part of the verdict of the lower court made a relatively consistent statement on the main part that he/she had committed indecent acts, such as the entries in each of the facts charged, the victim should not reject the credibility of the victim’s statement made at the first police solely on the ground that the victim made a statement that is somewhat inconsistent due to his/her decline or confusion in memory due to his/her old age.

Therefore, the court below's judgment that acquitted the victim of the first written statement of the police can be recognized as reliable, and according to this, it is erroneous in the misapprehension of the legal principles as to the facts charged, which affected the conclusion of the judgment.

2. The following circumstances can be acknowledged by the court below's legitimately adopted and investigated evidence of the defendant's assertion of mistake of facts. ① The defendant, in the court of the court below, made a statement that "the defendant forced the victim to commit an indecent act by force by using the victim's chest and sound flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with flicker with f

arrow