(영문) 울산지방법원 2015.10.23 2015노462 | 리걸엔진

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(영문) 울산지방법원 2015.10.23 2015노462

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have any fact that the victim’s chest on the day of the instant case. 2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, two years of community service order, 120 hours of community service order, and 40 hours of attendance order) is too unreasonable.

B. The prosecutor’s sentence of the lower court (six months of imprisonment, two years of probation, one hundred and twenty hours of community service order, and forty hours of order to attend a lecture) is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, credibility can be acknowledged in the victim’s statement, and according to this, the Defendant’s indecent act twice is acknowledged.

Therefore, we agree with the judgment of the court below that the conclusion is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and therefore we cannot accept the defendant's above assertion.

① On the day of the instant case, the victim stated at an investigative agency that he was indecent act by the Defendant from the Defendant on two occasions in total, that he was imprisoned by putting her hand into the front door of the party room and her clothes, and she was able to her upper part of the chest, leaving her hand on the back side of the party room, and then she was able to commit an indecent act on the part of the Defendant.

② In the instant case, on May 28, 2014, the instant indecent act was committed on the new wall, the victim did not appear voluntarily at the investigative agency at around 11:19 on the same day and do so in light of the victim’s statement details and details, such as the victim’s voluntary appearance at around 11:19 on the same day, and making very detailed statements about the indecent act, the act committed by the victim immediately after the victim was committed, and the appraisal that the victim sawd at the

③ In addition, the victim was committed by the Defendant on the day of the instant case before the first day to F.

유사 판례

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