logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.08.14 2014노804
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the Defendant of the charge of indecent act by compulsion by mistake by mistake, even though the Defendant attempted the victim's cryptyp, it was done during the process of indicating each other's cryp, and thus cannot be said to have caused coercion. Although the Defendant did not have any fact by inserting hand in the victim's clothes, the court below convicted the Defendant of indecent act by compulsion of the fact.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination on the part of indecent act by compulsion

A. The summary of this part of the facts charged and the summary of the part of the judgment of the court below on the charge of indecent act by force among the facts charged in this case is in the vicinity of the "Dasan Station" in Gangseo-gu Seoul Metropolitan Government on May 4, 2013, the defendant committed an indecent act by force against the victim C (the victim 34 years of age), etc. who became aware of through the Internet hosting site, drinking through other kinds of gambling, and returned to the victim's house on the same day with the victim, and then, the defendant tried to put the victim into a knife with the victim's entrance, and then tried to put the victim's knife into the victim's boiler, thereby making the victim knife the chest into the victim's boiler, and the court below found the defendant guilty of this part of the facts charged based on the evidence at the time.

B. (1) The judgment of the party is the sole statement of the victim as evidence consistent with this part of the facts charged. The defendant consistently tried from the investigative agency to this court, as seen in the grounds of appeal, to the extent that there was no coercion, but to the extent that the victim's chest was not neglected.

(2) However, the following facts acknowledged by the evidence duly adopted and examined by the court below, namely, ① became only through the bank opened by the Defendant.

arrow