logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.19 2017노3906
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have committed any indecent act by force against the victim as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case as a result of reliance on only the statements made by the victim with no credibility and rejection of other evidence.

2) misunderstanding of the legal doctrine, even if the Defendant had her butt her butt.

However, in light of the degree of tangible power used by the defendant, this does not constitute an indecent act by force.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to forced indecent act.

B. The punishment sentenced by the prosecutor (five million won in penalty, 40 hours in sexual assault treatment program) by the court below is too unhutiled and unfair.

2. Determination

A. In the lower court’s determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant also asserted the same purport as the grounds for appeal, and the lower court, which, in detail, states in detail the judgment on the evidence from No. 2, No. 14 to No. 11 of the said judgment, has credibility in the victim’s statement.

Recognizing that the 3th page 12 to 4th page 10 had not exercised the tangible force prescribed in the crime of indecent conduct and that the decision was made in detail, and rejected the above argument, and found the guilty charge.

A thorough examination of the evidence presented by the court below in light of the records of this case is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

Defendant’s assertion is without merit.

B. The instant crime of determining the prosecutor’s improper assertion of sentencing is that the Defendant committed an indecent act against the victim, who is an employee, and the criminal liability is grave, and the Defendant denies the offense and evades his responsibility.

arrow