logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.06.12 2014노798
준강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the above legal principles, the defendant cannot be viewed as an indecent act by the defendant, since he merely followed the victim I and J's main organ to steals a mobile phone, or did not commit a self-defensive act against the victim I, or did not intend to meet his sexual desire, and even though the defendant did not intend to commit an indecent act, the court below erred by misapprehending the legal principles or by misapprehending the legal principles that recognized the defendant's liability for each of the indecent acts by compulsion, which affected the conclusion of the judgment.

B. The punishment sentenced by the court below (4 months of imprisonment with prison labor for each of the crimes of paragraphs 1 through 4 of the original decision) is too unreasonable. It is unfair that the punishment sentenced by the court below (4 months of imprisonment with prison labor for each of the crimes of Articles 1 through 4 of the original decision) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged 1) around 12:00 on October 6, 2013, the Defendant: (a) reported that the victim I (Nam, 24 years of age) was locked at the soup male water surface room located in Seocho-gu, Changwon-si; (b) used the victim’s body in a timely manner, and rhumbbbbbbbbbbbbing and sing the victim’s body, and used the victim’s state of refusal to resist; (c) on October 19, 2013, the Defendant committed indecent act using the victim’s body in the soup male water room at around 07:40, 2013, by reporting that the victim J (Seoul and 37 years of age) was locked; and (d) took the victim’s humbing with the victim’s bridge, she was able to resist immediately, and used the victim’s body and humbing the victim’s body.

B. The lower court found the Defendant guilty on the basis of the evidence indicated in its judgment.

C. “Indecent act” of the relevant legal doctrine as to the party’s determination is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality.

arrow