(영문) 부산지방법원 2016.06.03 2016노328 | 리걸엔진

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(영문) 부산지방법원 2016.06.03 2016노328

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had no physical contact with the victim, the lower court found the Defendant guilty of the facts charged in the instant case and erred by misapprehending the facts.

B. The punishment of the lower judgment that was unfair in sentencing (the amount of KRW 5 million, and the completion of sexual assault treatment programs for 40 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s indecent act against the victim is acknowledged.

Therefore, the defendant's assertion of facts is without merit.

① With respect to the crime of indecent act in the instant case committed by the instant indecent act at an investigative agency, the victim told the Defendant at his own discretion, such as “at many times,” and her own arms, etc., and said that the Defendant got his own arms, etc. by hand.

was stated.

The victim's statement has been made to the extent that it is impossible to make a statement without direct experience in major parts such as the content and method of the prosecution and the situation before and after the prosecution.

② There is no need for the victim to request the Defendant to reach an agreement or receive the agreed amount from the Defendant, and there is no special circumstance to find out the Defendant, even when the victim was subject to his/her criminal punishment and revealed the fact of his/her own numerical damage.

③ The Defendant immediately before committing the instant crime at a convenience store, “a franch of coffee” to the victim.

The Defendant and the victim first met at the time of committing the instant crime, except where the victim was rejected from the victim.

(4) A place where the Defendant engaged in the victim’s words and actions, such as ①, was a place where the victim has gathered around the victim.

B. The fact that the defendant did not agree with the victims on the unfair argument of sentencing is disadvantageous to the defendant.

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