(영문) 인천지방법원 2014.09.26 2014노2325 | 리걸엔진

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(영문) 인천지방법원 2014.09.26 2014노2325

강제추행

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding of the facts that the Defendant 1 was the victim on his hand, but the victim was her hands, and the son was in contact with the victim’s bridge. However, there is no fact that the Defendant committed an indecent act in favor of the victim’s bucks, such as as indicated in the facts charged. 2) The sentence of the lower court on unreasonable sentencing (the fine of KRW 4,00,000 and the order to complete a program) is too unreasonable.

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

2. Judgment on the assertion of mistake of facts

A. The lower court determined that the Defendant committed an indecent act by exercising force against the victim’s will in full view of the following circumstances, namely, (i) the victim requested death from the Defendant after the crime; (ii) the Defendant asserted that the victim had the authority to conduct drinking twice, but the victim stated that there was no such fact; and (iii) the witness F also stated that the victim did not have any response to the Defendant’s solicitation, the lower court found the Defendant guilty of the instant facts charged.

B. In addition to the reasoning of the judgment of the court below's conviction, the following circumstances acknowledged by the evidence duly admitted by the court below and the trial court: (i) the defendant continued to report the victim coming from one's own direction; (ii) the defendant did not have a hand in advance at a position recognizable by the victim; and (iii) the defendant did not directly witness the scene in a toilet at the time when the victim goes through the defendant's side; (iv) the defendant was out of the part in the direction of the victim's bridge, rather than the part easily recognizable by the victim; and (v) the defendant was out of the part in the direction of the victim's bridge; (v) the buckbuck hand in contact with the victim's buck hand; and (iii) the defendant did not directly witness the scene.

유사 판례

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