(영문) 서울북부지방법원 2015.08.27 2015노675

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(영문) 서울북부지방법원 2015.08.27 2015노675

강제추행

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant found the Defendant guilty of the facts charged in this case on the ground that he misjudgments the fact that he was based only on the statements of the victim with no credibility, and the statement of the F, the main owner of the non-liability, and the Defendant did not commit any indecent act against the victim, even though he was shot in the toilet at the time and place of the crime indicated in the judgment of the court below, while she was shotly going back with the stairs of the victim F (the name of the victim) in the stairs.

B. In light of the legal principles, the facts charged in the instant case, “the Defendant’s her her her her son with the victim’s her her her her her her son,” alone does not constitute a “material act” infringing on the victim’s sexual freedom, or physical contact with the victim as such can be recognized as infringing on the victim’s sexual freedom. As such, the lower court convicted the Defendant of the instant facts charged by misapprehending the legal doctrine on “Indecent act” in the crime of indecent act by compulsion, and thereby, convicted the Defendant of the instant facts charged.

2. Determination

A. The evidence duly adopted and examined in the court below's determination of mistake of facts, particularly the protocol of police statement about the victim F, the following facts and circumstances recognized by the witness F's statement in the third trial record of the court below, i.e., the victim's investigative agency and the court of the court below, which are ① each statement in the victim's investigative agency and the court of the court below, consists of a consistent and detailed contents as to the major parts of the defendant's act against the victim, and the circumstances that the defendant's negligence after the defendant committed against the victim, it is reasonable to view that the victim's direct experience was stated. The statement in the court of the court of the court of the court of the court below of F, the main business owner of the court below, also supported

유사 판례

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