logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.06 2019노1572
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., mistake of facts and misapprehension of legal principles as the grounds for appeal. However, the Defendant voluntarily stated that all of the above arguments were withdrawn on the second trial date of the trial of the first instance, and that all of the charges changed at the trial of the first instance were led to confession.

The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

2. An ex officio prosecutor filed an application for amendment to a bill of amendment to the indictment of this case with the statement of the facts charged below [The reasons for the judgment in multiple times]. This court permitted this and changed the subject of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied reasoning for the judgment] The defendant was the chairperson of the Political Party C District Party C Committee, and the victim D (the victim, 44 years old) was an employee of the above Party C Committee.

1. On February 14, 2018, the Defendant committed on or around 15:00 on February 14, 2018, the Defendant: (a) entered the office of the party branch of the party branch of the party branch of the BF in Dongdaemun-gu Seoul EF, into the office of the chairman; (b) and (c) provided that the Defendant was aware of the Defendant to the victim; (c) however, as the victim is left as it is, the Defendant dances the victim, stating, “The proposal would this go.”; (d) took the two arms of the victim who embling the Amateur, kid the victim’s body; and (e) took the victim’s body in both arms, and then pushed the victim into the victim’s body, and “I believe that there is no person to believe. I believe that I will be my own Maran.”

arrow