(영문) 광주지방법원 2021.02.10 2020노487 | 리걸엔진

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(영문) 광주지방법원 2021.02.10 2020노487

강제추행

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of committing an indecent act against the victim.

B. The Defendant asserts that the punishment of the lower court (an amount of KRW 3 million, order to complete a program, and restriction on employment) is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may fully recognize the fact that the Defendant committed an indecent act against the victim.

Therefore, we cannot accept this part of the defendant's assertion.

1) At the investigation stage, the victim consistently and consistently made a statement in detail and specifically as to the contents that are difficult to make a statement without direct experience as to the situation after the defendant was committed an indecent act from the court below to the court below's trial, the contents of the prosecution, the deliberation when the defendant was committed an indecent act, etc., and the victim's statement may be reliable.

2) When the victim was damaged by indecent act from the Defendant, the victim took a video recording of the conversation with the Defendant immediately, notified the D Union staff participating in the event to report and request the police to report the damage, and the investigation into the crime of this case was initiated by the police who was dispatched upon the above employee’s report.

As such, the details of the victim's report are consistent with the victim's statement and enhance the credibility of the victim's statement due to nature.

3) Since the victim is in the relationship between the Defendant and the face-to-face site, it does not seem that there is any particular motive to dismiss the Defendant.

3. The Defendant is the first offender who suffers dementia in the old age of 80 years, and has no record of committing any crime.

However, the Defendant committed an indecent act against the victim, who is a biological site, by using her her tamp, but it is not good to commit a crime in light of the relationship between the Defendant and the victim and the victim's scam.

The victim is due to the crime of this case.

유사 판례

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