(영문) 수원지방법원 2018.02.06 2017노4439 | 리걸엔진

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(영문) 수원지방법원 2018.02.06 2017노4439

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) boarded the train in subway H stations No. 8, the subway lines; and (b) boarded the train with the train run in the direction of the branch line in I Station; and (c) was indecent by the injured party.

No one who commits an indecent act against the victim is not the defendant, since he/she was on board a train moving from the J Station to the I Station.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment with prison labor for six months suspension, and forty hours of lecture for treatment of sexual assault) is too unreasonable.

2. Determination

A. In addition to the circumstances of the lower court’s detailed statement of determination on the assertion of mistake of facts, the lower court duly adopted and investigated the following circumstances, namely, ① the victim from the right after the instant case to the lower court, i.e., from the date of the instant judgment, reported to the police after requesting the Defendant to leave the Defendant from the I Station by requesting the person around why the victim would have her her her her her her her her her her her her her her her her her her her her her her her her her her her but her

“The following facts are consistent with the victim’s statement: (a) the statement consistently made to the effect that “the victim has consistently made an investigation record (12,41~43; (b) the trial record 90,93-97 pages); and (c) the statement on the details of the handling of the police reports case corresponds to the victim’s statement (24-27 pages of the investigation record); (c) the victim was identified as the offender immediately after the victim was committed an indecent act; (d) the victim secured the Defendant’s personal illness along with the surrounding citizens and transferred the Defendant to the police in the following calendar; and (d) the Defendant was trying to leave the scene immediately after the instant crime; and (e) the Defendant did not have any response to denying suspicion of indecent act; and (e) according to the Defendant’s payment record, according to the Defendant’s transportation card, the Defendant was committed on the day of the instant crime.

유사 판례

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