(영문) 수원지방법원 2018.05.15 2017노7897 | 리걸엔진

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(영문) 수원지방법원 2018.05.15 2017노7897

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not intentionally commit an indecent act on the part of his sexual organ to the victim by committing an indecent act.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant asserted that the Defendant’s mistake of facts was identical to the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion in detail, stating in detail the Defendant’s argument and its decision on the “judgment on the Defendant and his defense counsel’s

According to the evidence duly admitted and examined by the court below, the fact finding by the court below is justified, and the defendant's above assertion is without merit.

B. Under the Korean Criminal Procedure Act, which takes the principle of trial-oriented and direct consideration of the unfair argument of sentencing by the defendant and the prosecutor, there exists a unique area of the first instance judgment regarding the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of the discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In the absence of any change in the conditions of sentencing compared to the lower judgment, as new materials for sentencing have not been submitted at the trial, there is no change in the conditions of sentencing compared to the lower judgment, and in full view of all the reasons for sentencing as indicated in the records of the instant case, the lower court’s sentencing against the defendant

As such, this part of the argument by the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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