(영문) 서울북부지방법원 2017.12.21 2017노584

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(영문) 서울북부지방법원 2017.12.21 2017노584

강제추행등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) and misunderstanding of the legal principles did not err by forcing the victim to commit an indecent act or to report false facts, and the facts charged No. 1-A and (b) cannot be deemed as specified, and thus the filing of a public prosecution is null and void in violation of the provisions of law, the lower court convicted all the charges against the Defendant. In so determining, the lower court erred by misapprehending the facts and misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court against the Defendant (the imprisonment of eight months, the suspension of execution of two years, and the lectures to treat sexual assault) is too unreasonable.

B. In light of the nature and method of the crime committed by the Prosecutor (1) and misunderstanding of the legal principles (unfair exemption from disclosure and notification order), the exemption of the Defendant from disclosure and notification order on his/her personal information is unjust as it misleads the Defendant of the basic facts or misapprehending the relevant legal principles, even though there are no special circumstances that may not disclose or notify the Defendant’s information.

(2) The above sentence, which the court below committed against the defendant, is too uneased and unfair.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances in the reasoning of the lower court’s judgment as to the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine, we affirm the lower court’s judgment convicting the Defendant of all the charges of this case that the Defendant committed an indecent act by forcing the victim on three occasions, but filed a complaint against the victim as a crime of interference with business. In so doing, the lower court did not err by misapprehending the legal doctrine or misapprehending the legal doctrine as alleged by the Defendant.

Therefore, this part of the defendant's argument is justified.

유사 판례

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