(영문) 창원지방법원 2015.12.03 2015노1442 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.12.03 2015노1442

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 argues that the judgment of the court below that, although the Defendant did not have committed an indecent act by force against the victim, the Defendant committed an indecent act by force on the part of the victim, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The Defendant asserts that the sentence (a fine of KRW 4 million, and a sexual assault treatment program completed 40 hours) sentenced by the lower court is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.

2. The ex officio judgment prosecutor applied for changes in the contents of the applicable provisions of this case to “the indecent act by indecent act by indecent act”, “Article 298 of the Criminal Act, Articles 2 and 60(1) of the Juvenile Act,” and “Article 299 and Article 298 of the Criminal Act,” among the facts charged, “the victim’s ambbbbbbbbbs in the above city bus where the victim was faced with his left hand by using the ambbbs in which the victim was faced with his ambbs in the front city,” and “the victim’s ambs and bucks were committed by indecent act by force by force by using the ambs in the above city bus where the victim was faced with ambs in the front city.” Accordingly, the Defendant applied for changes in the contents of this case to “the victim’s ambbbbs in the state where the victim was unable to resist due to ambs.”

However, even if the above ground for ex officio destruction exists, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in

3. Judgment on the assertion of mistake of facts

A. The revised Defendant is the victim D at the city bus No. 103, which has been on board the way to go to a high school student, on the way to go to the school.

참조조문

유사 판례

-창원지방법원 2015.06.17 2014고단3470

-서울남부지방법원 2013.05.03 2013고정177

-서울남부지방법원 2017.09.13 2016고단6406

-인천지방법원 부천지원 2015.04.29 2014고단3232

-대구지방법원 2015.12.04 2014고합446