logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.10.08 2013노1657
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances, the Defendant: (a) was in a situation in which the victim’s large son was seated in G and physically in the restaurant, making it impossible for the Defendant to physically commit an indecent act against the victim; (b) the Defendant was the owner of the solid site operated by the victim; (c) the victim, G, and H did not consent to the transfer of the above solid site; and (d) the victim, G, and H did not have acquired the premium, etc. due to such transfer; and (c) the I, as an intermediary that mediated the above solid transfer, was giving the opportunity for the Defendant to receive the introduction fee without the consent to the said transfer; and (d) in view of the circumstances, the statement made by G, H, C, and I was not reliable, the lower court found the Defendant guilty of the facts charged in this case,

B. In this case, the defendant was dissatisfied with a summary order which sentenced a fine of two million won or more, and the court below sentenced the defendant to "person subject to registration of personal information" more disadvantageous than the summary order, thereby violating the principle of prohibition of disadvantageous alteration.

C. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Since evidence consistent with the facts charged in this case’s assertion of mistake of facts exists in G, H, C, and I’s statement, the following circumstances revealed by the record about the credibility of each of the above statements, i.e., (i) G, H, C, and I committed an indecent act by consistently with the investigative agency up to the original trial, and using the victim’s hand, etc. as stated in the facts charged in this case, and (ii) the Defendant was seated inside the restaurant, and the victim was seated and the G was seated next to the victim, and (iii) I was able to witness the Defendant’s behavior because the height of the table table ( around 32 cm) inside the restaurant was not high.

arrow