(영문) 창원지방법원 2014.12.18 2014노1465 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.12.18 2014노1465

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below which held that although the defendant did not have committed an indecent act by force against the victim, the defendant committed an indecent act by force against the victim was erroneous and adversely affected the conclusion of the judgment.

B. The Defendant asserts that the sentence of the lower court (a fine of five million won) is too unreasonable.

2. Determination

A. The ex officio determination prosecutor applied for the amendment of a bill of amendment to the indictment, which changed the term “as of April 24, 2013:00” from among the facts charged at the trial court to “as of April 25, 2013:0,” and since this court permitted it, the judgment of the court below was no longer maintained.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in

B. On April 25, 2013, around 03:50 on April 25, 2013, the revised charge of mistake of facts was found guilty of the charge committed by the lower court on the part of the victim E (the victim E (the 48 years of age) who is the owner of the business and the cryp value of the drinking. While the Defendant 1 made a crypous act of coercioning the victim's left chest on two occasions on the part of the cryp of the cryp of the cryp and the cryp of the drinking value.

The following circumstances revealed by the evidence duly admitted and investigated by the court below and the court below. ① The victim made a concrete and consistent statement from the investigative agency to the court below. ② On the other hand, while the defendant was in dispute with the victim, he did not have a custody of the victim’s chest while he did not have a custody of the victim’s chest in the process of dispute with the victim.

유사 판례

-창원지방법원 2015.01.08 2014노1985

-서울북부지방법원 2019.08.29 2019노677

-창원지방법원 2015.12.03 2015노1442

-창원지방법원 2015.09.03 2015노1202

-창원지방법원 2014.12.18 2014노1890