(영문) 부산지방법원 2018.05.04 2018노406 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2018.05.04 2018노406

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not commit an indecent act by force against the victim E, as stated in the facts constituting the crime No. 1 of the lower judgment.

B. The sentence of the lower court that is unfair in sentencing (a sexual assault treatment program with six months or forty hours of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts: (a) the Defendant and the victim E did not find the grounds for making a false statement even when the victim was initially subject to punishment for perjury; (b) it is natural that the Defendant committed assault with the victim F who received the above victim’s telephone even though the Defendant did not commit an indecent act against the victim E; and (c) the Defendant appears to have denied the crime of indecent act of this case, but could not memory the situation at the time, the Defendant committed an indecent act, as stated in paragraph (1) of the same facts of the lower judgment.

The decision is proper, and there is no error by mistake of facts as alleged by the defendant.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). After the sentence of the lower judgment, there is no change in circumstances that may be newly considered in the sentencing, the Defendant denies the crime of indecent act by force of this case without going against his/her mistake up to the trial, and the victims desire to punish the Defendant; further, the Defendant committed each of the crimes of this case during the period of suspension of execution; the Defendant committed each of the crimes of this case; and the Defendant’s age, sexual behavior, environment; and

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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