(영문) 수원지방법원 2015.09.01 2015노1280 | 리걸엔진

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(영문) 수원지방법원 2015.09.01 2015노1280

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact-finding, the Defendant was taking the surface of the water in the sixth floor area of D (hereinafter referred to as “the instant friendship”) located in Hanam-si, Hanam-si, and did not commit an indecent act against the victim E, the lower court erred by misapprehending the facts and finding the Defendant guilty of the instant facts charged.

B. The sentence of the lower court imposing the Defendant an order to provide community service for six months, a stay of two years and 80 hours of imprisonment, and an order to attend a sexual assault treatment lecture for 40 hours is too unreasonable.

2. Determination

A. In order to reverse the judgment of the court below that recognized the credibility of the victim’s statement, which is the evidence supporting the facts charged in this case as to the assertion of mistake of facts, the judgment of the court below should be sufficiently and sufficiently acceptable, and the circumstances required in the allegation of the grounds of appeal should be considered as circumstances to the extent that it is impossible to accept the judgment of the court below, such as where most of the circumstances are already pointed out in the process of the court below’s deliberation and considered in the process of its determination.

This is more so in light of the following circumstances that the court below duly adopted and examined the evidence, i.e., the victim's statement is consistent and specific in an investigation agency to the court of the court below's trial, and in particular, the victim's statement is a consistent and specific part of the important part from the investigative agency to the court of the court below's trial, and the situation where the victim requested the defendant to sleeply, and in particular, the victim's request was made by the defendant, and the process that the defendant was trying to see the victim's sexual organ by saving the victim's leg in his arms and cutting the victim's hand into his arms, and the process that the victim's sexual organ was worn by the victim, and that the police reported the defendant

Therefore, the evidence duly adopted and examined such as the victim's statement in the court below.

유사 판례

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