(영문) 서울서부지방법원 2017.11.30 2017노1002

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(영문) 서울서부지방법원 2017.11.30 2017노1002

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by finding the Defendant guilty of the facts charged in the instant case and erroneous facts, although the Defendant did not commit an indecent act against the victim only in order to collect the victim.

B. The punishment of the lower court (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular, the victim D's investigative agencies and the court below's testimony, the defendant recognized that the defendant committed an act listed in the facts charged of this case, and considering the probability and existence of the statement, the motive of the statement, and the nature of the statement, the credibility of the victim D's statement can be sufficiently recognized as stated in the court below's proper reasoning. Thus, this part of the defendant's assertion is rejected.

B. Although the defendant made a statement that he does not want the punishment of the defendant at an investigative agency, the defendant seems to have made the above statement to the effect that his intention of punishment is not important separately because he is mixed, the defendant not only committed the crime of this case during the same repeated crime period, but also planned and interviews with the applicable applicable laws, such as indecent act, etc. by the victim's house during the same repeated crime period. Nevertheless, the defendant denies the defendant's wrong and consistent statements up to the trial, and other circumstances, such as the defendant's age, sexual behavior, intelligence and environment, circumstance leading to the crime of this case, method and method of the crime of this case, and circumstances after the crime, etc., are taken into account, it is not unreasonable for the court below to accept this part of the defendant's assertion.

3. In conclusion, the defendant's appeal of this case is dismissed. It is so decided as per Disposition.

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