logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.09 2016노3130
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 is the victim E (hereinafter “victim”) as stated in the facts charged.

There is no indecent act on the part of the lower court. (2) The lower court’s sentence is heavier than that of an unreasonable sentencing.

B. The prosecutor (unfair form of punishment) sentence of the lower court is somewhat minor.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant committed an indecent act against the victim, such as the facts charged, may be recognized based on such facts.

1) At the investigation agency and the court of the court below, the victim stated that "at least 21:30 on the day of this case, the victim met, at the left corner of the entrance of the exit room No. 21:30 on the day of this case, at a narrow distance of about 35 cm with the Defendant, and made conversations. While the Defendant under the influence of alcohol went through the exit range No. 2 D Station No. 2, and the victim passed through F and the victim, the victim was buck down from the right kbbbbbbs and reported about the above about 15 cm to the victim." The victim was able to think that the victim was forced to commit an indecent act, and 112 reported to the Defendant. The victim's speech is consistent and specific. 2) The victim's escape and the investigation agency and the victim, who was committed the instant crime at the scene of the crime of this case, followed the victim's speech to the victim and the victim's own way to drive.

The reasons why the indecent act was committed and the words of F with respect to the circumstances immediately following it correspond to the victim's horses and there is no special contradiction.

3) The victim reported the 112th immediately after the instant case’s indecent act, and requested the support of the surrounding persons while driving away from the Defendant, and the Defendant was led to the police officers called up upon receiving a report. 4) The Defendant was the victim.

arrow