(영문) 수원지방법원 2016.07.21 2015노6685 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.07.21 2015노6685

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. The Defendant was under the influence of alcohol in a D train, but did not turn the victim’s her her mare.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement of the victim without credibility, etc., thereby misleading the facts and adversely affecting the judgment.

B. In light of the fact that the criminal defendant was faithfully engaged in the air force between 22 years, the sentence of the lower court that sentenced a fine of KRW 3 million and a fine of KRW 40 million to complete a sexual assault treatment program is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal on the ex officio judgment.

A prosecutor filed an application for amendment to a bill of amendment to the indictment with "3 heading 3 heading 4 heading 4 heading and 4 heading 3 heading from the facts charged in the instant case," and "3 heading 3 heading 4 heading and 3 heading 3 heading from the facts charged in the instant case," respectively, and the "3 heading 3 heading 3 heading 3 heading and heading 3 heading 3 heading from the facts charged in the instant case." Thus, the judgment of the court below cannot be

However, despite the above reasons for reversal of authority, the defense counsel's mistake is still subject to the judgment of this court.

B. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim, from the investigative agency to the court of the lower court, to the court of first instance, had the Defendant broken the Defendant several times in order to take the toilet because the Defendant was under the influence of alcohol, and the Defendant tried to pass ahead of the Defendant’s her seat on the bridge when the Defendant was seated behind the seat and her seated. As such, the Defendant her own left her mar was flick.

The defendant's defect, "Isababab" as an excessive voice, is an employee.

“A person is not himself/herself, anywhere, as he/she intends to do so.”

유사 판례

-서울북부지방법원 2017.01.12 2016노2076

-광주고등법원 2018.10.25 2018노172

-서울남부지방법원 2021.01.22 2020고단6087

-울산지방법원 2016.04.01 2015노1214

-서울중앙지방법원 2018.11.01 2018노2141