logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.08.13 2014노297
강제추행치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the part of the victim's injury by indecent act by compulsion, the court below held that it is difficult to view that the victim took a beer knife, which is a dangerous thing at the time of the defendant's intimidation, due to erroneous determination of facts and misapprehension of legal principles, and that it is difficult to eliminate the possibility that the victim's crusium and tension, etc. may be caused by the crusium, etc. due to the victim's crusium or tension, etc., even though the victim was found to have suffered from the defendant's injury in the course of the defendant's indecent act by indecent act by indecent act by compulsion, the court below dismissed the prosecution on the part of the victim's crusium and tension due to erroneous determination of facts and misapprehension of legal principles on the part of the victim's indecent act by compulsion.

B. The punishment of the court below (unfair punishment) is too unreasonable for the defendant (limited to six months of imprisonment, one year of suspended sentence, one year of probation, and 80 hours of social service).

2. Determination

A. The lower court determined as to the prosecutor’s grounds of appeal on the part of the injury caused by indecent act by force, etc. on several occasions prior to the crime of indecent act by force as indicated in the facts charged, in light of the following: (a) the victim has already received treatment by sacrines, tensions, etc. on several occasions prior to the crime of indecent act by force as indicated in the facts charged; and (b) the content of treatment the victim received immediately after the crime of this case is the same as the previous one, it is difficult to avoid the possibility that the

evidence that is found to have caused a new injury.

arrow