(영문) 서울중앙지방법원 2015.05.01 2014노4706

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(영문) 서울중앙지방법원 2015.05.01 2014노4706

강제추행

Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of one million won.

3. The defendant does not pay a fine;

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as stated in the judgment of the court below.

2. Determination

A. We examine ex officio the defendant's grounds for appeal prior to the judgment.

In the trial court, the prosecutor applied for the amendment of the indictment which changed the phrase “ around 22:02 on October 22, 2013” from among the facts charged to “from November 6, 2013 to 21:50 on the same day” and the judgment of the court below was no longer maintained since the subject of adjudication was changed by this court’s permission.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The lower court rejected the Defendant’s assertion on the same assertion as the Defendant’s grounds for appeal, by specifically explaining the grounds for deeming the victim D’s investigative agency and the lower court’s statement to be reliable.

Examining the records in comparison with the evidence duly admitted and examined by the court below, such judgment of the court below is just, and the defendant can sufficiently recognize the fact that he committed an indecent act against the victim as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

The facts of the crime and the summary of the evidence admitted by this court are as stated in the judgment of the court below, in addition to the fact of the crime in the judgment of the court below that " around 22:02" among the facts of the crime in the judgment of the court below is "from November 6, 2013 to 21:50 the same day", and all of the facts of the crime are as stated in the judgment of the court below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 298 of the Criminal Act selection of punishment, and selection of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Order to complete a program;

참조조문

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