logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.17 2014노2086
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the charges of indecent act by indecent act in this case on the grounds that the defendant did not have any fact that the victim committed assault or intimidation and had the victim's left chest.

B. Since the Defendant was under the influence of alcohol at the time of committing the crime, which lacks the ability to discern things or make decisions, the judgment of the court below which did not reduce the degree of mental disability is erroneous in misconception of facts or misapprehension of legal principles as to mental disability.

C. The punishment of the lower judgment on unreasonable sentencing (including a fine of 4 million won, and completion of a sexual assault treatment program 16 hours) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it can be recognized that the defendant reported the victim who frighted by the defendant, and spread out the victim's hand to the left chest once. The above defendant's act constitutes a crime of indecent act by compulsion, and this part of the defendant's assertion is without merit.

B. According to the evidence duly admitted and examined by the court below, the defendant is found to have performed a little alcohol at the time of the crime, but the defendant did not have the ability to discern things or make a decision.

Since it appears that there is no or weak state, this part of the defendant's assertion is without merit.

C. In full view of the fact that the defendant denies the crime, did not reach an agreement with the victims, the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below is deemed reasonable, and therefore, the defendant's allegation in this part is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow