(영문) 대전지방법원 2018.11.07 2018노2431 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2018.11.07 2018노2431

사기등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as to the indecent act by force, committed an indecent act on the part of the facts charged, merely stated that he was the victim’s hand who tried to go from the 23th room in the age club as indicated in this part of the facts charged, and that he did not commit an indecent act against the victim.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the assertion of mistake of facts (as to forced indecent act), credibility is recognized in the victim’s statement that the Defendant was aware of the victim’s bucks and bucks and bucks as stated in the instant charges of indecent act.

Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is just, and there is an error of law by misunderstanding facts as alleged by the defendant and affecting the conclusion

subsection (b) of this section.

(1) The victim has consistently and specifically stated from an investigative agency to the court of the original trial on the background and process of committing an indecent act by force, the details and methods of the act of prosecution, and the conditions before and after it, as described in this part of the facts charged.

② At the court of the court below, the victim was seated 23 times in the age club in the court of the court below, but there was a fact that the defendant was buckbucks (which acknowledged the above facts on the delivery of the defendant), which did not cause physical contact against the victim’s will.

The statement was made (267 pages, 272 pages), and “whether the Defendant was her her mar.”

“In light of the fact that the injured party made a statement that he/she would know his/her her son or her son (268 pages of the trial record). As such, the credibility of the victim’s statement appears to be high in light of the fact that the injured party made a statement that is favorable to the Defendant.

③ At the time when the victim went out of the room, the Defendant also took the arms of the victim.

유사 판례

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