(영문) 의정부지방법원 2016.04.26 2016노277

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.04.26 2016노277

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall complete the sexual assault treatment program.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victims.

The court below recognized the fact that the victim E was indecently committed on the basis of L/M’s statement that has no admissibility of evidence, and found the fact that the victim K was indecently committed on the basis of the statement by the J which has no admissibility of evidence. The court below erred by misunderstanding that affected the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (6 months of imprisonment and 40 hours of sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, whether the legal statement of the witness L of the court below is a professional statement without admissibility of evidence (1) other than those provided in Articles 311 through 316 of the Criminal Procedure Act, or a statement of which contents are another person’s statement outside the preparatory hearing or the trial date, shall not be admitted as evidence (Article 310-2). (2) Of the witness L of the court below, the part stating that “the victim’s victim’s witness’s statement was “the Defendant opened and opened the door, and the chest was delivered.” (2) The part stating that the Defendant’s grandchild contacted the victim’s chest, and (3) if the Defendant’s grandchild contacted the victim’s chest, whether it was intentional or not, it constitutes evidence of the victim’s criminal case or E/the witness’s statement outside the preparatory hearing or the trial date, and thus, constitutes evidence of the victim’s hearsay evidence of the victim’s full text.”

(3) A person other than the defendant is not the defendant at a preparatory hearing or at a public trial date.

유사 판례

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-대전지방법원 2014.05.14 2013노2620

-서울북부지방법원 2015.07.16 2015노390