logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.09.01 2020노818
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the court below erred by misapprehending the legal principles on the ground of the defendant's statements made by the victim with no credibility although the defendant did not commit an indecent act against the victim as stated in the facts charged in this case.

2. The lower court determined that the Defendant could fully recognize the fact that the Defendant committed an indecent act against the victim as described in the instant facts charged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the relevant statements.

If the reasoning of conviction presented by the court below is examined as follows, which can be acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and there is no error of law of mistake of facts as alleged by the defendant.

Therefore, Defendant’s assertion is without merit.

Although the Defendant did not assert unreasonable sentencing as the grounds for appeal, the lower court’s sentencing seems appropriate ex officio in light of the following: (a) although the Defendant did not assert unreasonable sentencing as the grounds for appeal, the Defendant denies and does not oppose the continuous crime; (b) the Defendant committed the instant crime during the period of repeated crime; and (c) the Defendant did not receive a letter from the victim until the

The victim, from the investigation stage to the court of the court below, made a concrete and detailed statement about the background of the indecent act committed by the victim from the investigation stage to the court of the court below, the attitude of the indecent act, the perception of physical contact, the emotional harm inflicted by the victim at the time, the actions corresponding thereto, and the mind after the commission of the indecent act, etc., and it is difficult to view that the victim’s statement was not directly experienced, such as 40-41 pages, 2, 16-17, 94, 189-19, 19, 206-207, 210, etc. of the trial record.

B. The Defendant asserts that the time and frequency of the victim’s statements are inconsistent or contradictory to the E’s specific indecent act time and the details of the report, etc., but the victim’s statements are not reliable.

arrow