logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.24 2017노94
강제추행
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, who is aware of the summary of the grounds for appeal, did not have committed an indecent act by force against the victim by inducing the victim's grandchildren or rhuming the victim's her humf with his her knife with his knife.

The statements made by the victim and the witness of the court below by J, G, and H are not consistent and contradictory to each other.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

The sentencing of the court below's unfair sentencing (the imprisonment of August and the suspension of execution of two years, the community service order of 120 hours, and the lecture order of sexual assault treatment for 20 hours) is too unreasonable.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts as to the grounds for appeal, the Defendant is found to have committed an indecent act by force against the victim by inducing the victim’s grandchildren at the date and place indicated in the facts constituting the offense in the lower judgment, and by using tampt and tamp.

Therefore, the defendant's assertion of facts is without merit.

① Each statement at the investigative agency and court of the court below at the time of the instant crime is consistent, specific, and is consistent with the victim’s speech, content of damage, scam and reaction of the victim, and circumstances before and after the commission of the instant crime, and there is no circumstance that the victim’s statement will be falsified.

(2) The witness G of the original instance court: (a) the Defendant left the victim's hand by bringing in; and (b) the Defendant was aware of the victim's body in the process.

The witness of the court below stated that the victim was on the front side of the defendant at first time, and that the defendant was transferred to the left side of the defendant in the process of drinking the alcohol that the defendant gave.

I stated that the witness H of the court below showed the defendant's right to alcohol to the victim, and stated that the defendant's right to do so is next to the defendant's person, and made the victim's h's h's h's h'.

arrow