(영문) 대구지방법원 2016.06.24 2015노4041 | 리걸엔진

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(영문) 대구지방법원 2016.06.24 2015노4041

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of committing an indecent act against the victim as stated in the instant facts charged.

B. The sentence sentenced by the lower court (4 months of imprisonment, 1 year of suspended execution, and 40 hours of order to attend a course) is too unreasonable.

2. Determination

A. The court below made a statement to the effect that the victim, who was the head of the factory, was forced to commit an indecent act by force from the defendant who was forced to leave the factory at the time of leaving the factory, following the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim made a consistent statement from the investigative agency to the court of the court of the court below to the court of the court below, and the date, time, place, method of prosecution, etc. of the prosecution of this case. The victim was forced to commit an indecent act by force from the defendant who was forced to leave the factory during the time of leaving the factory. The defendant India investigative agency stated that the victim was forced to work between the two years of age and the victim between the two years of age and 8:40 p.m. and the retirement time was mainly between 8:9 p.m. and the defendant was left the last (Evidence No. 30, 85 of the

The victim's statement was credibility, ② The victim's statement in G police, the workplace of the victim that forced the victim to commit an indecent act by force, and ② The victim's statement G was made to the effect that "The victim is a letter that does not come well with the workers, which is a letter that does not come well with others, and the reason is that the character of the victim is a letter that does not come well with other people, and the defendant is a letter that makes it good for him/her to do the work like the car." In light of this, it is difficult to view that G made a false statement in favor of the victim.

(3) The victim was forced to commit an indecent act by force, in conformity with the statements of F by the witness of the court below, the representative of the company

At the time when the defendant filed a complaint ( November 18, 2014), this victim is the business of the company.

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