(영문) 대전지방법원 2017.11.22 2017노916 | 리걸엔진

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(영문) 대전지방법원 2017.11.22 2017노916

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, despite having conducted physical contact with the victim in the process of getting off in the subway station, does not constitute an indecent act against the victim as stated in the instant facts charged, and the statements made between the victim and the police officer E are inconsistent and inconsistent, and thus, are not reliable.

Therefore, the judgment of the court below which convicted the victim and police officer E of the facts charged of this case is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the Defendant’s assertion by the Defendant is not acceptable, since it can be acknowledged that the Defendant committed an indecent act against the victim as stated in the instant facts charged.

1) From the investigative agency to the lower court, the victim returned to the Defendant, “I want to get off from the subway C station of subway No. 3, who she sees her to the right her butther. At that time, the police officer’s “Is the Defendant now.”

‘Along with the police officer', No. 1 stated that the police officer ‘satis', and the defendant also stated that he/she was ‘Along with the police officer'.

“........”

The right mack, with the floor of hand, seems to be slick and slick as above, was slick, and the right mack was slick.

The Defendant stated relatively consistent and specifically on the background, process, content, and the situation before and after the police officer, who gets off the same as the Defendant, sent the subway, and the police officer told that the Defendant was not the Defendant intentionally, while showing his identification card, and the Defendant was not the Defendant.” (Evidence Nos. 32 through 34 of the evidence record, and No. 70, 71, 74 of the trial record.)

유사 판례

-서울북부지방법원 2018.07.13 2017고정2268

-부산지방법원 2012.11.02 2012노1547

-춘천지방법원 2020.03.13 2019노290

-인천지방법원 2017.09.15 2017노900

-대전지방법원 2017.07.12 2016노3319