(영문) 창원지방법원 2018.05.17 2017노3084 | 리걸엔진

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(영문) 창원지방법원 2018.05.17 2017노3084

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

(a) The victim misunderstanding the fact was forced to commit an indecent act;

At the time of assertion, the defendant was friendly with I, and it was impossible to move her to a place where the victim is dancing under the influence of alcohol.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the lower court and the first instance court, the Defendant is fully aware of the fact that the Defendant forced the victim to commit an indecent act as stated in the instant facts charged.

1) The victim has made a relatively specific and consistent statement from the investigative agency to the court below regarding the circumstances leading up to the forced indecent act, the method of committing the act, and the Defendant’s behavior after the prosecution.

Although victims were involved in indecent conduct against the right chest in the police investigation;

In the court of the court below, the court of the court below made an indecent act on the left chest in the cross-examination of the counsel.

He made a statement and changed his statement that he is accurately aware of his memory about the supplementary examination of the presiding judge.

However, this seems to have been changed due to the fact that the injured party made a mistake on his or her chest, or the statement was changed due to the limit of memory.

In addition, even if the victim was involved in an indecent act on the right chest, such as the initial statement, it is natural and possible to look at the victim's right chest in a situation where the defendant and the victim are facing and dancing.

2) The victim-friendly F, together with the victim, was at the investigative agency and the lower court’s trial to take charge of the victim’s chest.

유사 판례

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-서울고등법원 2018.04.03 2018노71

-서울남부지방법원 2017.10.11 2017고단1843