(영문) 수원지방법원 2017.10.26 2017노2199 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2017.10.26 2017노2199

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In relation to the charge of forced indecent acts under Article 1 of the facts charged, the Defendant salvating and salvating the E’s shoulder inside the company bath room on May 24, 2016. However, this act cannot be deemed an indecent act with the consent of E and cannot be deemed as an indecent act, and the intention of forced indecent act cannot be acknowledged. With regard to the forced indecent act under Article 2 of the facts charged, the Defendant was expected to shoulder the Defendant’s shoulder at the back seat of his/her vehicle in order to attract E after the awareness of June 15, 2016.

Although E has been a short dancing with Defendant short time, there was no fact that he attempted again or forced the chest of E to commit an indecent act, and there was no intention to commit a forced indecent act.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.

B. The sentence of the lower court’s sentence that sentenced the offender to two years of suspended sentence for one year of imprisonment, the order to attend the lecture for treatment of sexual assault for 80 hours, and the order to provide community service for 240 hours is too unreasonable.

2. Determination

A. As alleged in the grounds of appeal, the Defendant alleged in the lower judgment that the Defendant’s act as to the No. 1 of the facts charged was with the consent of the victim E, and that there was no consent of the victim even though the Defendant puts up the No. 2 of the facts charged, and the Defendant did not have any her chest. The lower court held that the victim was forced by the Defendant, as stated in the facts charged, from the investigative agency to the court below, to the lower court.

Along with consistent and specific statement in the court below, there seems to be no circumstance to make a false statement in order for the victim to be able to harm the defendant while facing the punishment for perjury, and ② The victim committed indecent act on the charge No. 1 of the charges.

유사 판례

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