(영문) 창원지방법원 2014.10.30 2014노1623 | 리걸엔진

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(영문) 창원지방법원 2014.10.30 2014노1623

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below that the defendant had committed an indecent act by force against the victim although he did not have committed an indecent act by force, there is an error of law affecting the conclusion of the judgment by misunderstanding the facts.

B. The Defendant asserts that the sentence of the lower court (a fine of five million won and the completion of a sexual assault treatment program) is too unreasonable.

2. Determination

A. On September 11, 2013, around 03:05, the Defendant 1 of the instant facts charged found the Defendant guilty of the instant facts charged by the lower court, on the following grounds: (a) around 03:05, the Defendant walked under the influence of alcohol in front of the D cafeteria located in the window C of Changwon-si, Changwon-si; (b) the victim E (the 26-year-old age-) was brought about by causing the instant sexual desire; and (c) the victim’s chest from the chest to the ship to the ship by hand; and (d) by inserting the hand between the bridge and the bridge, the Defendant committed an indecent act by force against the victim.

In full view of the following circumstances, i.e., the evidence duly admitted and investigated by the court below, i.e., (i) the victim made a concrete and consistent statement from the investigative agency to the court of the court below; (ii) the victim’s statement that the victim was aware of and made to the police patrol unit by asking the victim’s circumstances; and (iii) the F’s statement that the victim did not come together with the Defendant and the victim’s statement that he did not comply with the victim’s statement, the court below was justified to have committed an indecent act by the Defendant by force.

Therefore, this part of the defendant's assertion is rejected.

B. The circumstances favorable to the defendant include the fact that the defendant has a family to support the defendant for the determination of unfair sentencing, and that the defendant has no record of punishment previously imposed.

However, the crime of this case is an indecent act committed by the defendant by force, and the nature of the crime is not weak, and the victim is trying to punish the defendant.

유사 판례

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