(영문) 창원지방법원 2019.05.16 2018노2875 | 리걸엔진

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(영문) 창원지방법원 2019.05.16 2018노2875

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) An indecent act by occupational force does not constitute an indecent act by the Defendant, and even if there was a minor physical contact between the Defendant and the victim, this is merely a contact that the victim has been admitted or has been made under mutual agreement. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. Therefore, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The Defendant was financially satisfied at the time of borrowing the Defendant’s funds, and the victims were well aware of the financial situation of the Defendant, and thus, the Defendant did not have the intent of deceiving the victims and had the intent to

Nevertheless, since the court below found the defendant guilty of this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, 80 hours of community service order, 40 hours of attending lecture for sexual assault treatment, 10 years of personal information registration) is too unreasonable.

2. Determination

A. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance trial is remarkably unfair in light of the evidence examination results and the evidence examination results additionally made by the time of closing argument at the appellate court, unless there are exceptional cases where it is deemed that maintaining the first instance court’s

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