(영문) 대구지방법원 2016.05.27 2015노2548 | 리걸엔진

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(영문) 대구지방법원 2016.05.27 2015노2548

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was not guilty of committing an indecent act against the victim as stated in the instant facts charged.

2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended execution, and 120 hours of order to attend a course) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentencing that the court below decided against the defendant is too unhutiled and unfair.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant can sufficiently recognize the fact that the Defendant committed an indecent act against the victim as stated in the instant facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts as pointed out by the defendant

1) The victim made a statement that corresponds to the facts charged in the instant case since the investigative agency and the court of the court below.

The Defendant made a relatively detailed statement at an investigative agency about the place of indecent act, indecent act, the speech that the Defendant had committed, and the situation after the prosecution was committed (Evidence No. 14, 35, 37, and 38 of the Evidence Records), and there is no special motive or reason to suspect that the victim made a false statement.

Although the victim's statement in the court of the court below seems to be somewhat contradictory or unsatisfy in the detailed part of the statement and its detailed part in the investigative agency, it is common that the victim's memory in accordance with the rule of experience depends on the passage of time, so the credibility of the statement is not doubtful.

(ii) at the time the Batter was kept by the employees of the bath;

L has received a report from the injured party after the injured party was committed an indecent act, and the police at the time ‘the injured party reported to the police' to the police.

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