(영문) 대전지방법원 2018.05.23 2017노3704 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.05.23 2017노3704

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, while under the influence of alcohol, could have contacted the body of the victim who was seated adjacent to an express bus because he was unable to properly hold his body, but did not intentionally commit an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of an indecent act by mistake and thereby affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amounting to five million won) is excessively unreasonable.

2. Determination:

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the credibility of the victim’s statement can be sufficiently recognized, and the evidence submitted by the prosecutor, such as the victim’s statement, can be acknowledged as an indecent act against the victim as stated in the lower judgment.

Therefore, the defendant's assertion of mistake is rejected.

① As to the circumstances of the instant case, the victim got from the police to the court of law, and she was sitting down on the side of the defendant on the day of the instant case.

The defendant under the influence of alcohol continued to put his hand on the buckbucks, and put his bridge on his bridge.

When keeping away from the right side of the passage to the maximum, the defendant was able to use her mar with his hand below.

In this regard, I got out to the right after the bus, and get out from the bus.

“ specificly and consistently stated to the effect that “.”

② At the time of the instant crime, the victim had been playing in male-friendly districts by having the Defendant buckbucks in his hand on the bridge of the victimized person.

“A text message sent to the effect that the message was sent, on the 27th page of the evidence, and served on the same bus.

ASEAN also interferes with the “Irman E”.

“...........”

유사 판례

-울산지방법원 2014.10.16 2014고단1461

-수원지방법원 2019.02.12 2017노7103

-부산고등법원 2016.05.02 2015노605

-대전지방법원 2017.10.25 2017노990

-인천지방법원 2018.11.09 2018고정1815