(영문) 전주지방법원 2017.03.16 2016노1901 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.03.16 2016노1901

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was merely a toilet with his personal conduct, and did not commit an indecent act by force against the victim.

Even if the victim was unfolded by the people, he was her but did not commit an indecent act.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. In light of the following circumstances that are duly admitted and investigated by the court below to determine the assertion of mistake of facts, the defendant can sufficiently prove that he committed an indecent act against the victim as stated in the judgment below, and thus, this part of the defendant's assertion is not accepted. ① The victim is consistently and consistently stated in the investigation agency and the court of the court below as to the method and circumstances of the indecent act against the defendant.

② In the court of the court below, F, “F was in existence with the Defendant, and 2 meters earlier than the Defendant, she was faced with the Defendant, but she did not follow the Defendant, and the victim she was flick and flicked with the Defendant’s hand.

“The statement was made to the effect that it was “.”

F Since the Defendant was in a toilet prior to this point, it seems that the Defendant was not in contact with the victim, and the following circumstances do not go against the victim’s statement.

③ At the court of the court below, the victim stated that the victim committed an indecent act by putting the Defendant’s hand under the influence of the body and her m, buttex, and that the victim took the Defendant’s hand and removed and removed the Defendant’s hand.

In light of the method in which the offender commits an indecent act against the victim or the location in which the victim was removed and removed, there is no possibility that the victim was mistaken for the victim to have concealed another person.

(4) The injured party prior to the instant case shall be the defendant.

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