(영문) 서울고등법원 2020.05.19 2019노2020 | 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) 서울고등법원 2020.05.19 2019노2020

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The victim B’s statement that corresponds to the facts charged in this part of the judgment of the court below regarding the acquittal portion (the part concerning the victim B) can be trusted.

In contrast, the lower court found the Defendant not guilty of this part of the facts charged on the ground that “victim B’s statement is difficult to believe,” etc., erred by mistake of facts.

B. The lower court’s sentence on the assertion of unfair sentencing (two years of imprisonment and three years of suspended execution, etc.) is too uncomfortable and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. This part of the facts charged and key issues 1) The Defendant is a child or juvenile victim B (e.g., 13 years of age and 2 years of age) at the events held in front of G (F) located in the Incheon Strengthening Military F around 22:00 on the date between July 2018 to August 201 of the same year.

2) On the other hand, the Defendant stated that “packers are allowed to do so if her sws any male sws anywhere to her wsws, and if her wsws we see.” The Defendant: (a) the direct evidence corresponding to this part of the facts charged is that the victim’s statement is the sole part of the victim’s statement; and (b) the direct evidence corresponding to this part of the facts charged is the issue in this case is whether “the credibility of the victim’s statement is a child or juvenile.” In addition, in light of the following circumstances acknowledged by evidence duly adopted and investigated in the lower court and the trial, the lower court acquitted the Defendant of this part of the facts charged, contrary to the judgment of the lower court, the victim’s statement that conforms to this part of the facts charged can be believed and the Defendant had the intention to commit indecent act by force.

Ultimately, this part of the facts charged is found guilty, so the prosecutor's allegation in this part is with merit.

(b) the statement of the victim;

유사 판례

-서울고등법원 2013.07.11 2013노1574

-서울고등법원 2020.05.12 2020노301

-서울고등법원 2019.10.01 2018노2425

-서울고등법원 2019.08.27 2019노1288

-서울고등법원 2013.05.23 2013노844