(영문) 광주지방법원 2020.05.13 2019노1804 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2020.05.13 2019노1804

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to attract the victim, the Defendant was only engaged in one time but did not commit an indecent act against the victim, such as the facts charged.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty is justifiable, and there was no error of mistake of facts, such as the Defendant’s assertion of mistake of facts.

Therefore, the defendant's assertion of mistake is not accepted.

① From July 6, 2018, the victim was allowed to use the ward in the same prison as the Defendant among the prison type, and on July 23, 2018, the victim stated that he/she was subject to indecent act ten times from the victim during the process of a correctional officer and counseling with a correctional officer, and submitted the same statement to the same effect.

Since then, the victim stated that he was committed an indecent act, such as the statement of facts charged, consistent and specifically in the main part of the investigation agency to the original trial.

In light of the contents and circumstances of these statements, it is not deemed that the victim has specially gotten the statement.

② On July 27, 2018, the victim stated that he/she was subject to the first investigation by a special judicial police officer on July 27, 2018, and that he/she did not want to be punished by the Defendant, making the Defendant’s report on his/her prolongedness.

However, even though the defendant got her her her her her her her her her her her her but not more than ten times, five out of the her her her her her her her her her her her her her her her her her her her her her

(3) The aggrieved person shall again be the defendant on July 31, 2018.

유사 판례

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