(영문) 수원지방법원 2018.02.01 2017노4972 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.02.01 2017노4972

사기등

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All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unlawful in sentencing) acknowledges the Defendant’s mistake and reflects the fact that there is no record of criminal punishment, faithfully operates the E-Gu team and the sentence of suspended sentence becomes final and conclusive, and expressed the intent that H and N do not want the Defendant’s punishment, etc., the sentence of the lower court’s imprisonment with prison labor for a period of two years and twenty-four hours is too unreasonable.

B. As to the indecent act committed against the victim D on September 2014 by the prosecutor (1) misunderstanding the facts (the part of the judgment of the court below which acquitted the Defendant), the victim D consistently asserts the fact of damage, the witness R made a statement to the same purport as D, and N also tried to return the Defendant’s body on the day of the instant case to kis, and kis the victim, and it was committed by the people.

The statement, Qua also considered that the defendant and the victim D kis.

With respect to each indecent act by force around August 2015, the victim D made an accurate and consistent statement about the damage, and the victim N made a false statement in the court below at the time when he was examined by the prosecutor on the perjury in the court below, the contents of the statement in the court below at the time when he was examined by the prosecutor, and the defendant made a false statement about the above knebal in the trade name in Gangseo-si, Gangnam-si, and it is reasonable for the defendant to cross up the knebal of D, and the defendant took up the knebal.

The defendant's assertion that the defendant did not seem to have any doubt.

Considering the fact that the Defendant’s indecent act committed by the Defendant, among other players, is difficult to be deemed as a ethic act, taking into account the physiological interests of the athletes with absolute authority, the fact that the Defendant committed an indecent act by force against the Victim D and N around September 2014 and around August 2015, as indicated in the facts charged, can be sufficiently recognized.

Nevertheless, the lower court did not err.

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