(영문) 대전고등법원 (청주) 2018.01.25 2017노172

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(영문) 대전고등법원 (청주) 2018.01.25 2017노172

강제추행

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant and the person who requested the attachment order (hereinafter “Defendant”) to be mistaken for the part of the instant case (hereinafter “Defendant”) indicated that the victim’s shoulder was placed in the floor of hand, but there was no indecent act by force by using arbly the victim’s shoulder, and the Defendant’s act does not constitute a forced indecent act.

B) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

C) It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for a period of five years.

2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of five years.

B. Prosecutor - The sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of the facts, the Defendant’s assertion on this part is acceptable, on the ground that the Defendant was forced to commit an indecent act by using laundry door as laund, launding the door door of laundry and launding the inside, and launding the victim’s laundry as laund.

① The victim, from the investigative agency to the court of the court below, has included detailed information about the background of the instant case, the method and details of the Defendant’s indecent act, response thereto, the victim’s speech and behavior at and after the prosecution, the process reported by the victim, etc., and made a concrete and consistent statement.

② On the day of the instant case, the victim filed a 112-report with the victim’s house located in a water minute after being subjected to an indecent act from around 10:20 on the day of the instant case, at around 10:20 on the day of the instant case.

③ Although the victim first seen the Defendant on the day of the instant case, he was subject to punishment for perjury, and had committed an indecent act from the Defendant.

Any false report.

유사 판례

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