(영문) 서울동부지방법원 2019.11.28 2019노678

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자간(%)

(영문) 서울동부지방법원 2019.11.28 2019노678

강제추행

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Grounds for appeal;

A. Defendant (defluence of facts, misunderstanding of legal principles) did not commit an indecent act against the victim at the time and place recorded in the facts charged, and even if there was a physical contact with the victim, it cannot be deemed that such act was committed for the safety of the victim, and thereby constitutes an indecent act, as it does not go against the

B. The lower court’s sentence against the Defendant by the Prosecutor (a fine of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unhued and unreasonable.

2. The summary of the facts charged in this case is a person who operates the main points in Seongdong-gu Seoul Metropolitan Government, and the victim C (a person who is 21 years of age) is a person who has been a customer.

On October 9, 2018, the Defendant: (a) around 06:15 on October 9, 2018, around the kitchen of the first floor; (b) the victim, who had drinking alcohol on the second floor, rapidly changed and promoted the inside line that was ordered by the victim; and (c) the victim’s blurg was hicked with his hand; (d) the victim’s blurg and turt were flurd with his hand in order to go up to the second floor.

Accordingly, the defendant forcedly committed an indecent act against the victim.

3. Judgment on misconception of facts and misapprehension of legal principles

A. The lower court found the Defendant guilty of the instant charges on the ground that the content of the victim’s statement is consistent, and the Defendant stated to the effect that there was a fact that the victim’s body part was injured in the process of dialogue with the victim and the victim’s body right immediately after the occurrence of the instant case, and that it is difficult to believe the Defendant’s change of the case in the court below’s trial, and that E on the first floor of the first floor at the time of the instant case was not deemed the victim’s face-to-

B. In light of the following facts and circumstances revealed in light of the records of this case 1, the instant facts charged was proven without any reasonable doubt that the Defendant committed an indecent act against the victim only by the evidence presented by the prosecutor.

유사 판례

-서울동부지방법원 2019.05.02 2018고단3763

-서울중앙지방법원 2020.06.02 2019노4089

-부산고등법원 2019.02.14 2018노579

-인천지방법원 부천지원 2019.2.20. 선고 2018고단2799 판결

-서울중앙지방법원 2016.05.13 2015노4912