(영문) 대전지방법원 2016.11.23 2016노1566 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.11.23 2016노1566

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by deceiving the victim’s chest.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (the fine of 5 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below determined that the facts charged of this case can be recognized on the grounds of the following circumstances: (a) the victim consistently stated the facts that he committed an indecent act from the investigative agency to the court of the court below, and there are no other circumstances to suspect credibility, (b) the victim-friendly and specific statement from the investigative agency to the court of the court below, (c) the victim-friendly F, who was witness, also made a consistent and concrete statement with the victim's above statements, and (d) the victim was sexually committed by himself, and (d) the victim was sexually committed by his body, and (e) the victim was sexually committed by his body, and (e) the victim was a man who was under the body of his own clothes and arms, and (e) the G, who was the defendant's daily

Examining the above judgment in comparison with the record, the above judgment of the court below is just and acceptable, and there is no error of mistake of fact as pointed out by the defendant.

B. Although the defendant is deemed to have no record of punishment for the same kind of crime, the crime of this case is deemed to have repeatedly committed an indecent act against the victim's chests by inserting his fingers in the latter part of the victim, and the crime of this case is very bad in the nature of the crime, the type of the crime committed by the defendant is considerably significant, and the victim is considerable.

유사 판례

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-광주지방법원 2013.09.06 2013노1527