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(영문) 인천지방법원 2017.09.08 2016노3467
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant, as to forced indecent act, had been committed on January 2, 2016 by the victim during the hours of January 2, 2016, there was no fact that there was a misunderstanding of facts. However, there was no misunderstanding of the victim’s negative part.

Nevertheless, the lower court found the Defendant guilty of forced indecent act among the facts charged in the instant case.

2) Although the Defendant was at the time of January 2, 2016, there was a fact that he had been at the victim’s time, this was merely a place to communicate with the victim, and there was no fact that he interfered with the victim’s work.

Nevertheless, the lower court found the Defendant guilty of interference with business among the facts charged in the instant case.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances that can be recognized by the lower court’s judgment on the assertion of mistake as to the charge of forced indecent act and the evidence duly admitted and investigated by the trial court, ① the reason why the injured party D was found at the victim’s expense prior to the commission of indecent act in the investigation agency, the lower court, and the court of the first instance, and the following circumstances; ② the injured party testified in the first instance on the part of the obstruction of business that occurred on the day when the forced indecent act in this case was committed; ② the injured party testified in the first instance court on the part of the obstruction of business that occurred on the same day as the forced indecent act in this case; ③ the credibility of the injured party’s statement is recognized; and accordingly, the part of the injured party’s statement as stated in paragraph (2) of the crime in the lower judgment.

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