(영문) 수원지방법원 2017.02.02 2016노4356 | 리걸엔진

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(영문) 수원지방법원 2017.02.02 2016노4356

강제추행

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The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. The Defendant did not commit an indecent act by misunderstanding of facts by putting his her her maret, which is danced in the scam of the sports club, in his/her hand.

Nevertheless, the court below erred by misapprehending the facts and affecting the conclusion of the judgment by finding guilty of the facts charged on the grounds of the testimony of E and F without credibility.

B. In light of the background leading up to the occurrence of the crime of this case, and the fact that the defendant has no record of criminal punishment exceeding the fine, the sentence of the court below, which sentenced the order to attend the lecture for treatment of sexual assault for 2 years and 40 hours during the period of imprisonment with prison labor, is unreasonable.

2. Determination

A. On June 28, 2015, the Defendant committed an indecent act against the victim by finding out and committing an indecent act against the victim E (the 30 years old age group) who is danced at the 1st floor Daree-gu, Ansan-si, Masan-si, Masan-si, Masan-si, on June 28, 2015.

B. The lower court’s determination is consistent with the following circumstances that can be recognized by the evidence duly adopted and examined by the lower court, namely, ① the Defendant’s indecent act committed in his/her her her tam with his/her hand from the investigative agency to the court of the lower court.

In full view of the facts that the Defendant stated, ② the witness of the parallel scam, and the Defendant stated consistently from the investigative agency to the court of the court below, and ② the Defendant stated that she her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, we affirm the above determination by the court below for the following reasons.

유사 판례

-수원지방법원 안산지원 2016.06.10 2015고단4064

-서울북부지방법원 2016.11.17 2016고단2651

-수원지방법원 2021.04.09 2020고정649

-대구지방법원 2016.01.07 2015고단4299

-청주지방법원 2016.10.28 2016노266