logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.24 2018노2669
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victims as stated in the instant facts charged. In light of the situation at the time, it was impossible for the Defendant to do the above act. The statement of the victims and witnesses, etc., who correspond to the instant facts charged, was false from “the intent to dismiss the Defendant from the national representative of the disabledB.” Even if the Defendant had contacted the victims’ body, it is merely natural that it was committed in the course of training, and it does not constitute an indecent act against the Defendant. In other words, the lower court’s judgment convicting the Defendant of the instant facts charged was erroneous and unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable, and it is also unreasonable to exempt the Defendant from the disclosure notification order and the employment restriction order.

2. The lower court convicted the Defendant on the grounds that “the statements of the victims who correspond to the facts charged in the instant case can be trusted” in light of various circumstances regarding the Defendant’s assertion of mistake of facts.

In light of the circumstances acknowledged by the evidence duly admitted and investigated in the original judgment and the party instance, the judgment of the court below is just, and this part of the defendant's assertion is without merit.

In particular, it is the following point.

A. The victim’s statement was consistent and detailed on the background of the indecent act committed by the Defendant from the investigative agency to the trial court, the details and methods of the indecent act, the grounds behind and after the commission of the offense, the circumstances before and after the commission of the offense, and the details of the Defendant’s appraisal and response.

It is also difficult to recognize the conflicting circumstances with the statements of victims.

In this respect, this is the same.

arrow