logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.04.16 2014노479
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. Defendant A shall be punished by a fine of KRW 3,000,000.

3...

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) According to the consistent statement of misunderstanding of facts, misunderstanding of legal principles, and the statement of the first protocol of examination of suspect suspect as to Defendant B by the prosecution as to Defendant B, the court below rejected the probative value of each of the above statements and acquitted Defendant B. The court below erred by misapprehending the legal principles as to the determination of credibility of each statement, which affected the conclusion of the judgment. 2) The sentence (7 million won of fine) imposed by the court below on Defendant A is too uneasible and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of facts, the court below held that ① the victim divided one kind of alcohol into two-lanes of alcohol and drinking, and boomed two-lanes of drinking, and boomed two-lanes of drinking in penal provisions, and had been under the influence of drinking at the time when the victim was involved in an indecent act from the defendant A. However, the victim boomed at the second place of drinking and boomed with the defendant A, while the victim boomed with the defendant A, there was an interval of about three hours after the victim was committed an indecent act from the defendant A, and the victim made a relatively concrete statement on the victim's behavior at the time of the video examination at the original bsaw Support Center (Evidence No. 38-42 of the evidence record), and the victim took advantage of the victim's memory at the time of conversation between the defendant B and the victim and the victim at the time of the interview on January 12, 2014 and the victim's relation between the victim and the victim.

arrow