logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.10.19 2016노1009
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have made the victim feel a sense of sexual humiliation before sustaining the victim’s grandchildren, and in light of the relationship between the Defendant and the victim, the Defendant merely took the victim’s grandchildren to injure the victim, and did not intend to commit an indecent act against the Defendant.

In addition, as the motion picture images submitted by the prosecutor cannot be ruled out the possibility of voluntary operation, it is called the "investigation Report of this case" No. 11 of the evidence list (related to the result of the analysis of the motion picture cambling card) analyzing the cambling card and the investigation report (related to the result of the analysis of the motion picture cambling card).

No evidence shall be admissible.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 5 million, KRW 40,000,000 and KRW 40,000) is too unreasonable.

2. Determination as to the assertion, such as mistake of facts

A. 1) In full view of the following circumstances admitted by the lower court and the evidence duly admitted and investigated by this court, the above investigation report is admissible as evidence duly admitted.

Therefore, this part of the defendant's assertion is rejected.

A) At the third trial of the court below, the prosecutor withdrawn the application for examination of evidence as to the above investigation report at the trial date of the court below, and again applied for the above investigation report as evidence at the fourth trial date of the court below. The defendant's defense counsel at the above trial date stated that "It was shown to confirm the black stuff, and there is no need to reproduce the above investigation report separately since there is no difference between the contents of the investigation report No. 11 and the contents of the investigation report at the above trial date," and agreed that the above investigation report can be admitted as evidence, and the consent of evidence was not withdrawn before

B) The video images are shown on the black box box card, which served as the basis for the above investigation report.

arrow