(영문) 대전지방법원 2014.10.01 2014노2059 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2014.10.01 2014노2059

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal (the factual error, mental or physical disorder, and unreasonable sentencing)

A. At the time of the occurrence of mistake of facts, the Defendant’s grandchildren contacted the victim’s body and did not commit an indecent act by deceiving the victim’s chest in the course of spreading the dispute about the taxi route by having the victim get out of the taxi operated by the Defendant at the time of the occurrence of mistake of facts.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of loss of heart or heart medicine.

C. The sentence imposed by the lower court on the Defendant (4 months of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts, the defendant can be found to have committed an indecent act by force on the part of the victim's chest only once, and thus, the defendant's assertion of mistake of facts cannot be accepted.

1) The victim, from the investigative agency to the court of the court below, reversed the destination of several times starting from the time when the defendant was placed in the front of the taxi to take a bath, and reported to the victim 112, the victim's chest from the front to the left hand is relatively specific and consistent (Evidence Records 11, 38, 39 pages). (2) As a result of the reproduction of the black box tape-recording (Evidence Records 47 pages) of the taxi (Evidence Records) attached to the record in the court of the court below, the victim reported to the police and reported to the police that the victim "I will urine," and the victim's sound "I will urine," and the record of the trial that "I n't son," written to the police as soon as possible, and the victim's statement can be made under the credibility of the above victim's statement (Article 31).

The witness D of the court below, a police officer dispatched at the time, was the victim's chest.

유사 판례

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