logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.18 2017노132
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Of the litigation costs of the original judgment and the trial, the costs of the witness shall be borne by all the defendants.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of committing an indecent act against the victim as stated in the facts charged.

B. The punishment of the lower court is too heavy.

2. Determination

A. It is very high that the credibility of the assertion of misunderstanding facts is high.

The main change of the victim's statement in the court below is that the victim erroneously identified the defendant as a criminal; however, the victim is a person who commits an indecent act against himself/herself in the investigative agency and the court below's court.

“A statement was made to the effect that “the Defendant made a rumor” (a statement to the effect that not only the victim but also the victim F of the guard attached to a vision) is identical to the fact that the Defendant is operating a press organization and a public relations agency (see, e.g., evidence records 40), and such fact is difficult to be known to the Defendant unless he directly hears.

According to the evidence adopted and examined by the court below and the court below, the defendant's indecent act against the victim is sufficiently recognized as stated in the court below's decision.

B. The lower court’s sentencing is not recognized to be unfair in light of the circumstances revealed by the lower court on the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed, and the costs of the witness shall be borne by the defendant among the costs of the lawsuit incurred by the original instance and the trial pursuant to Articles 191(1) and 190(1) and the main sentence of Article 186(1) of the Criminal Procedure Act.

arrow