(영문) 인천지방법원 2017.09.15 2017노900 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.09.15 2017노900

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim, such as taking the victim's her but not his/her son.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. The following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court and the trial court, and ① the victim was waiting for the Incheon direction from the investigative agency and the court of the lower court to go to the front line at the time. However, she did her at the right tamp in the following.

Therefore, the defendant was walking back immediately, and there was no other person later than the defendant.

나는 깜짝 놀라서 피고인에게 쫓아가 따졌는데 피고인은 오히려 내게 화를 내 었다.

At the time, the Defendant stated consistently to the effect that he had not taken the form of a little drinking, and the CCTV was stated as follows: ② The video marked on CCTV was the front side of the subway platform; ② the Defendant was the left hand of the subway platform at the time, and the Defendant took the front side of the victim but did not see it at the time; ② the front side of the Defendant was the front side of the victim, immediately after the victim returned back to the subway, and the face of the victim was taken by the Defendant without taking the back to the subway, ③ the contents of the CCTV correspond to the contents of the victim’s consistent statement; ④ the victim was able to make a false statement in the investigative agency and the court even when the victim took the charge of the crime and perjury; ③ there are special circumstances where the victim made a false statement in the investigative agency and the court.

In full view of the fact that there is credibility in the victim's statement and therefore, it can be recognized that the victim committed an indecent act like the criminal facts in the decision of the defendant, we cannot accept the defendant's assertion of mistake.

3. In conclusion, the defendant's appeal is without merit and thus, pursuant to Article 364 (4) of the Criminal Procedure Act.

유사 판례

-대구지방법원 2017.07.13 2017고단1583

-서울남부지방법원 2020.08.21 2020고단1628

-창원지방법원 진주지원 2016.02.04 2015고합120

-창원지방법원 밀양지원 2017.02.15 2016고단567

-서울동부지방법원 2018.06.07 2018고합37