(영문) 수원지방법원 2017.07.20 2017노40 | 리걸엔진

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(영문) 수원지방법원 2017.07.20 2017노40

강제추행

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All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the think that the Defendant, as a misunderstanding of the facts, wants the victim E to walk a crosswalk, there is a fact that the victim’s buckbucks by hand with the victim’s body, but there is no fact that the victim’s bucks by hand, etc. are forced to commit an indecent act on the part of the victim’s buckbucks.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

(2) Although the Defendant had mental or physical loss or mental weakness due to mental illness at the time of committing the instant crime, the lower court erred by misapprehending this.

(3) The sentence of the lower court, which sentenced the Defendant to a fine of KRW 5,000,000 and an order to complete a sexual assault treatment program for 40 hours, is too unreasonable.

B. In light of the fact that the prosecutor (unfair sentencing) did not reflect the Defendant’s mistake and that the Defendant did not compensate for damages, the lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. The judgment of the court below as to the defense counsel's assertion of mistake on the part of the victim's buckbucks, as alleged in the grounds of appeal, alleged that the defendant's loss was caused by the victim's loss on the part of the bucks, and that there was no indecent act by force by the defendant's hand. The court below held that ① the victim made a statement from the investigation agency to the court of the court below that the part of the victim's bucks was used for the part of the victim's bucks, and the contents of the statement are generally consistent and specific, as well as the victim's statements are generally consistent and specific, the victim's bucks statement by the chibbbbbbbbbs are also consistent with this and it is reliable by the defendant. ② The defendant was standing in the same direction as the victim at the time, and there is no reason to contact the part of the victim's bucks.

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