(영문) 대구지방법원 2018.08.24 2018노994 | 리걸엔진

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(영문) 대구지방법원 2018.08.24 2018노994

준강제추행등

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of one million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of misunderstanding the fact does not constitute an indecent act by force when the Defendant’s act of cutting the victim’s leg hairs and conspires with the victim’s face.

In addition, the defendant did not have an intention to commit a crime by making a mistake that he obtained or consented to the victim's consent, cutting the victim's legs and conspiracy, photographing the victim's sexual organ with his shotum, and distributing it.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by mistake of facts.

B. The punishment sentenced by the lower court (a punishment of KRW 3 million, and an order to complete a sexual assault treatment program of KRW 40 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the Defendant’s forced indecent act by means of the same manner as the facts charged in the instant case, and the Defendant’s act of distribution and intent to commit the crime by photographing the victim’s sexual organ subject to the reduction of conspiracy is sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

① The Defendant and the victim drinked alcoholic beverages on the day of the instant case along with friendly job offering F, and the victim was locked first under the influence of alcohol.

② The Defendant confirmed that the victim was locked, and cut the victim’s legs and conspiracy with the victim who was locked by using the Myeon dog as described in the facts charged of the instant case, and posted the victim’s sexual organ shotly, which was cut, in a cellular phone, on the E organization dialogue.

③ The victim appeared as a witness in the court of the court below, and stated that “the Defendant did not permit the Defendant to have his/her conspiracyd and taken them, and she saw sexual humiliation due to the Defendant’s crime.”

F also appears as a witness in the court of the court below and "victim" is the defendant.

유사 판례

-대구지방법원 2018.03.08 2017고단6372

-창원지방법원 마산지원 2016.08.19 2016고합68

-인천지방법원 부천지원 2013.11.01 2013고합163

-의정부지방법원 2014.02.03 2013고단3406

-대전지방법원 2013.10.10 2012고합308