logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.12.20 2012노3404
강제추행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it is sufficient to view that the injury by mistake of facts and misapprehension of legal principles caused by the victim C from the Defendant at the time of indecent act by indecent act constitutes “injury” in the crime of bodily injury by indecent act by indecent act, the lower court determined that the above injury by mistake of facts and misapprehension of legal doctrine does not constitute “injury” in the crime of bodily injury by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act against the victim C, the lower court erred by dismissing

B. 1) The written statement by the lower court C (No. 2, 2, hereinafter “instant written statement”)

2) After the date of the closing of argument in this case, the court below did not resume the oral argument or explain the decision on the objection to the decision. The judgment of the court below is erroneous in omission of judgment.

C. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unhued and unreasonable.

2. Determination:

A. On June 20, 2012, around 16:40, the summary of this part of the facts charged is as follows: (a) the Defendant, while under the influence of alcohol in the room of the victim C (In women, 50 years of age) of Jongno-gu Seoul Jongno Building 205, expressed the victim’s desire to “nurbing and opening” and talking with the victim’s bet the victim’s bet, and the victim’s bet his bet his bet and her head, knife his head, knife his pan face, and knife the victim’s pan face by hand, and thereby, the Defendant committed an indecent act by force against the victim on the part of the victim; and (b) the victim’s injury in the crime of indecent act by compulsion means that the victim’s physical condition is changed and the victim’s health function is damaged.

arrow