(영문) 광주지방법원 2017.11.22 2017노1270 | 리걸엔진

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(영문) 광주지방법원 2017.11.22 2017노1270

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine on July 14, 2015 by forcing the victim E (hereinafter “victim”) to commit an indecent act as stated in the facts constituting an offense in the lower judgment.

Nevertheless, the lower court convicted the Defendant of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine on the misunderstanding of facts or the recognition of credibility of the victim’s statement.

B. The punishment of the lower court (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, and the lecture for sexual assault treatment of forty hours during the lecture course) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of fact, the Defendant asserted the same purport as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion in detail, stating the Defendant’s assertion and judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. In full view of the following: (a) the determination of the unfair argument of sentencing was examined; (b) the victim appears to have suffered considerable mental impulses due to the instant crime; (c) the Defendant was unable to agree with the victim until the trial was held; and (d) there was no change in the sentencing conditions compared with the lower court; and (c) the various sentencing conditions specified in the records and arguments, including the circumstances and means of the instant crime; and (d) the Defendant’s unfair argument of sentencing is not unreasonable. Therefore, there is no reason

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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-수원지방법원 2016.01.22 2015노4178