(영문) 인천지방법원 2017.07.14 2016노5064 | 리걸엔진

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(영문) 인천지방법원 2017.07.14 2016노5064

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts constituting a crime in the lower judgment, and there was a physical contact with the victim.

Even if there was no assault or intimidation that meets the requirements for the establishment of forced indecent act.

Nevertheless, the court below found the defendant guilty on the ground that the victim's statement that is not reliable. The court below erred by misapprehending the legal principles as to the elements for establishing the crime of indecent act by mistake or coercion.

B. Even if the court below’s punishment (the amount of 5 million won, the amount of 40 hours’ sexual assault treatment program program completion order) is acknowledged as an indecent act committed against the defendant, the sentence of the court below is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and ① the victim made a relatively concrete and consistent statement from the investigative agency to the court of the court below as to the main parts of the damage, and there is a minor difference in the content of the statement.

Even if this is merely due to the limitation of memory, and ② the Defendant alleged to the effect that there was no indecent act on the ground that the victim did not request F to assist, but at that time, the victim’s house was immediately adjacent to the Defendant’s house, and the victim was not in an imminent danger to life and body, and the victim’s house immediately enters the same place without requesting F to assist, cannot be seen as an exceptional situation. In light of the fact that it cannot be seen that the Defendant committed an indecent act, such as the criminal facts written in the judgment of the court below, the Defendant can be recognized as having committed an indecent act against the victim.

Therefore, the defendant's assertion of mistake is rejected.

B. Judgment on the misapprehension of legal principles

유사 판례

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