(영문) 대구고등법원 2018.04.19 2018노30 | 리걸엔진

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(영문) 대구고등법원 2018.04.19 2018노30

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

Reasons

The contents of the written application filed by the defendant after the lapse of the period for filing the final appeal are examined to the extent of supplement in case of supplemental appellate reasons.

Although there is a fact that the defendant and the person who requested the attachment order (hereinafter only referred to as the "defendant") committed an indecent act by force against the victim at the victim's house, there is no fact that the victim committed an indecent act by force.

Nevertheless, the judgment of the court below which found the defendant guilty of a forced indecent act on the grounds of unilateral statements made by the victim without credibility is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to the requirements for forced indecent act.

The crime of indecent act of this case committed by the defendant with mental disorder committed on February 19, 2018 on the grounds of appeal stated in the statement on the grounds of appeal by the defendant was committed under the state of mental or physical loss or mental weakness due to mental illness.

The police, on February 19, 2018, did not properly inform the defendant at the time of arrest of the defendant, and did not comply with due process of law, such as not showing the arrest warrant at all.

The punishment sentenced by the court below (three years of imprisonment, five million won of fine, and three years of disclosure and notification of personal information) is too unreasonable.

It is improper for the court below to order the defendant to attach or attach a location tracking device for three years.

Judgment

As to the assertion of misunderstanding of the facts or misapprehension of the legal principles as to the forced indecent act on the part of the defendant in this case, the defendant argued in the court below that this part of the appeal is identical to or similar to the allegation in the grounds of appeal. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim's statement is credibility and the defendant's indecent act is acknowledged as being committed by the defendant as stated in paragraph (1) of the crime

유사 판례

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