(영문) 대전지방법원 2014.11.12 2014노2284 | 리걸엔진

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(영문) 대전지방법원 2014.11.12 2014노2284

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

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

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case in the absence of a fact that the Defendant, like the facts charged, included the victim's hand in the two legs between the two legs, was erroneous in the misunderstanding of facts.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment and 80 hours of completion of the sexual assault treatment program) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the determination of facts as to the assertion of mistake of facts, the defendant can be recognized as having committed an indecent act against the victim by only one time, and thus, the defendant's assertion of mistake of facts is not accepted.

1) The victim made a relatively concrete and consistent statement from an investigative agency to the court of the court below that "I am flickly, while passing through a tunnel with a light point, I am on the part of the defendant's left hand for a short period of one to two seconds (the 13th page of the evidence record, the 74th page of the trial record), and there seems to be no reason for the victim to make a false statement. (2) The result of reproducing the cambox CD (Evidence Record 39 pages) of the taxi attached to the record at the court of the court of the court below, and the above image does not contain accurate contents in which the defendant commits an indecent act against the victim, but it is difficult for the defendant to continue to allow the victim to do so, and immediately after the defendant's passage to the left part of the defendant's vessel and the selling, the victim's statement "I amfl't have to be made by the victim," and the victim's statement "I amfl't have to be made by the victim."

3. On the other hand, the defendant consistently denies the crime and is in an investigative agency.

유사 판례

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