(영문) 대구지방법원 2019.06.28 2018노4317 | 리걸엔진

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(영문) 대구지방법원 2019.06.28 2018노4317

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of one million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are caused by a false accusation made by the victim in order to secure the Defendant’s money, and the Defendant did not commit an indecent act, such as the facts charged or the victim’s statement, against the victim’s will. Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The sentence imposed by the court below of unfair sentencing (2 million won of fine and 16 hours of order to complete sexual assault treatment programs)

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In light of the following circumstances, based on the evidence duly adopted and examined by the lower court and the lower court as to the mistake of facts and misapprehension of legal doctrine, the Defendant’s indecent act by taking the victim’s grandchildren at a public smuggling place, such as the instant facts charged, can be acknowledged as constituting an indecent act by putting the victim’s grandchildren at a public smuggling place, and by putting the victim’s fingers and the side

① The victim consistently and specifically stated the content of the instant facts charged from an investigative agency to the lower court’s court’s trial.

It does not seem that such a victim's statement is particularly contradictory to the rule of experience or inconsistent with the victim's statement.

② In CCTV images taken inside the “Cju” at the time of the instant case, the CCTV images consisting of a man who appears to be the part of the victim, and a man who is the victim of the instant case, even though the Defendant was only the victim was found and the victim was stopped, so that the victim could not be easily sealed due to left arms; if the Defendant walked on the part of the Defendant’s chest, and if the victim was aware of the head on the part of the Defendant’s chest, the victim would be the part of the victim.

The victim is one minute prior to the discovery of the victim by the defendant, and there is no mind under the influence of alcohol.

유사 판례

-서울중앙지방법원 2014.09.19 2014노2039

-청주지방법원 2019.06.21 2018노1090

-청주지방법원 충주지원 2016.10.05 2016고합30

-대구지방법원 2012.02.15 2011고정1770

-대구지방법원 2015.12.18 2015노1004