(영문) 부산지방법원 2017.09.15 2017노1588 | 리걸엔진

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(영문) 부산지방법원 2017.09.15 2017노1588

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not commit an indecent act against the victim E as stated in the lower judgment.

B. The sentence of the lower court (the imprisonment for eight months, the suspension of the execution of two years, the 40-hours for the treatment of sexual assault, the 40-hours for the alcohol treatment lectures, the 240-hours for community service, and the 240-hours for community service) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant denied this part of the facts charged in the lower court, and the lower court determined that this part of the facts charged is recognized by comprehensively taking account of the following circumstances acknowledged by the evidence in its holding: (a) the victim made a concrete and natural statement on the background of damage; (b) the reason why the victim sought to be a customer; and (c) the Defendant initially stated that “the victim’s son was not aware of the victim’s seat by taking the wall out by hand; and (d) the CCTV image also conforms to the victim’s statement.”

In addition to the above circumstances stated by the lower court, the lower court’s determination is sufficiently acceptable, inasmuch as the Defendant stated in the court of the first instance to the effect that “The detailed situation of drunken at the time of the instant case cannot be memory.”

Therefore, the defendant's assertion that this part of facts is erroneous is without merit.

B. As to the wrongful assertion of sentencing, the Defendant did not have neglected to force the victim E to commit an indecent act, but did not seriously contributed to such an indecent act (limited to the request for revocation of the lawsuit on the following day of the instant case). Rather, upon being investigated by an investigative agency, the Defendant committed a crime of insult with the victim and the police officer in charge of the investigation, and committed a serious humiliation to the said victim and the police officer in charge of the investigation, thereby committing an insulting crime, and the circumstances after

As a result, the victims' humiliation and insult are considered.

유사 판례

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