(영문) 부산지방법원 2015.05.01 2015노32 | 리걸엔진

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(영문) 부산지방법원 2015.05.01 2015노32

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged in the instant case, but the Defendant did not commit an indecent act by force against the victim on the part of the actual victim’s body in order to avoid the suspect’s seating before the game machine at the time of the instant case, and to avoid the suspect’s seating in front of the game machine.

Therefore, the judgment of the court below which found the charge of indecent act by compulsion of this case guilty is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the judgment of the court below is unfair, the punishment of the court below (the fine of 3 million won, the completion of the sexual assault treatment program 40 hours) is too unreasonable.

2. Determination:

A. We examine the argument of mistake of facts or misapprehension of legal principles, and examine the following circumstances found by the court below and the evidence duly admitted and investigated by the court below and the court below guilty of the charges of this case, namely, ① the victim’s statement about the circumstances before and after the commission of the indecent act of this case is consistent and specific; ② the victim immediately after the commission of the indecent act of this case was committed, ② the victim immediately after the commission of the indecent act of this case, ③ the defendant explained to the purport that “the victim was informed of the indecent act by the male” as he was asked by the employee of the game room immediately after the occurrence of this case, it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the facts of the crime of this case. The defendant’s statement submitted by the defendant or defense counsel and the defendant’s statement in the court below and the trial room alone does not interfere with the recognition of the above facts of crime.

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

B. We examine the judgment on the assertion of unfair sentencing, and the defendant committed the instant crime.

유사 판례

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