logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.13 2018노857
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The part concerning misconception of facts and misapprehension of legal principles is asserted after the deadline for submitting grounds of appeal, but it is examined ex officio.

The Defendant continued to sleep clothes and delayed the time after the victim finished his calculation of E on the day of the instant case. The Defendant was engaged in an indecent act against the victim, as stated in the facts charged in the instant case, on the same day, only the victim was sleeped to return the clothes with his body sliff and sliffed.

Although the court below found the Defendant guilty of the facts charged in this case, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (a fine of one million won and an order to complete a sexual assault treatment program of 40 hours) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is recognized based on each evidence duly adopted and investigated by the court below, namely, from the time when the investigation agency was investigated on the day of the instant case to the court of the court below, the victim made a statement to the effect that "the defendant was able to write on both sides of body from the side to the chest." Since the victim's statement concerning the indecent act falling under the core part is not possible to make a statement very consistent and directly without direct experience, the victim was sexually committed against E after singing at 00:42 on the day of the instant case, and the victim was reported to the police at 1:04 on the same day. On the same day, the victim made a report to the police at 1:04 on the day of the instant case, and the victim and the victim respondeded to the defendant by finding an indecent act together with the police officer called E and the victim on the same day, as described in the facts charged of this case.

arrow