(영문) 수원지방법원 2018.01.09 2017노6609 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2018.01.09 2017노6609

강제추행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not commit an indecent act against the victim G, the lower court found the Defendant guilty of this part of the facts charged, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (an amount of KRW 4 million, and an amount of KRW 4 million and an amount of KRW 400,000,000) that is unfair in sentencing is too unreasonable.

B. Prosecutor 1) In light of the Defendant’s statement of misunderstanding of facts (voluntary indecent act against D) and the Defendant’s attitude of committing an indecent act against D even though his arms contacted the lower part of D’s chest, it was recognized that the Defendant committed an indecent act against D, and the lower court acquitted the Defendant of this part of the facts charged. Thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. In the lower court’s determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant also asserted the same purport as the grounds for the above appeal, and the lower court, comprehensively taking account of the circumstances as indicated in its reasoning, acknowledged that the Defendant committed an indecent act against the victim G

The defendant's argument was rejected.

In addition to the circumstances revealed by the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below (i.e., (i) the victim suffered the defendant's losses because the defendant saw the victim's shoulder with D, and (ii) the defendant made a relatively specific and consistent statement to the effect that the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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