(영문) 광주지방법원 2017.08.23 2017노853 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.08.23 2017노853

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding the facts and legal principles, the Defendant did not write and rhy the shoulder of the victim E (hereinafter “victim”). Even if the Defendant did the above act, the Defendant committed the above act against the victim.

Even if the defendant did not have the intention to commit an indecent act, and the defendant's act does not constitute an indecent act that infringes on the victim's sexual freedom.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine as to coercion and coercion, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of 4 million won or more, and an order to complete a program of sexual assault treatment for 40 hours or more) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine is identical to the grounds for appeal in this part, but the lower court rejected the above assertion by providing a detailed statement of the Defendant’s assertion and judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the records and arguments of the instant crime, including the following facts: (a) the determination of the unfair argument of sentencing was examined; (b) the Defendant did not agree with the victim until the trial was held; and (c) there was no change in the sentencing conditions compared with the original judgment; and (d) there was no change in the sentencing conditions; and (b) the lower court’s punishment was not unfair; (c) thus, the Defendant’

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

유사 판례

-대전지방법원 2016.06.01 2015노3954

-서울고등법원 (춘천) 2018.12.19 2018노101

-광주지방법원 2017.10.11 2017노2643

-광주지방법원 2017.11.22 2017노1270

-광주지방법원 2017.08.23 2017노1046