(영문) 서울북부지방법원 2021.02.09 2020노832

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(영문) 서울북부지방법원 2021.02.09 2020노832

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged, the Defendant, as stated in the facts charged, did not have any knife the victim’s chest and a part of the victim’s chest and a part of the sound, and there is no fact that the victim made the victim’s words “licker”.

In addition, the lower court determined that the Defendant was an indecent act in itself by throwing the part of the victim’s shoulder with his arms, breaking the part of the victim’s shoulder, pushing the victim at the wall of the C Station, pushing the victim into the wall of the C Station and continuously drawing up about two minutes of the face with two descendants, and making the face a dancing, but it was defective that the Defendant was a victim’s talk.

The act itself is an indecent act because it is a physical contact that occurred in the process of getting out of the victim and it is difficult to regard the act itself as an indecent act.

Therefore, the court below erred by misapprehending the facts charged.

B. The sentence that the court below sentenced against the defendant (10 months of imprisonment, 2 years of suspended execution, and 40 hours of order to attend school) is too unreasonable.

2. Determination

A. 1) The lower court determined as to the assertion of misunderstanding the facts. ① According to CCTV images, the Defendant sent off the victim, who was far away from the exit 3rd in C Station E.S., then cut off the shoulder part of the victim by his arms, cut off the victim, and locked the victim, leaving the wall toward the exit gate of C Station, leaving the victim into the wall of C Station, and raising the victim two minutes of the face continuously with two descendants.

It was confirmed that the victim was suffering from the victim's body without his body. It is objectively viewed as an act that causes sexual humiliation or aversion to the general public and goes against good sexual morality. ② Detailed description of the victim's body part and the situation at the time of the prosecution, ③ appealing that the situation immediately after the crime was committed by the victim's driver, and asked the victim to inform him of contact information. ④

유사 판례

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-의정부지방법원고양지원 2020.11.25 2020고단1738

-서울북부지방법원 2016.10.28 2016고합151

-수원지방법원 안산지원 2017.04.12 2017고단386