(영문) 대전지방법원 2016.05.25 2015노3743 | 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) 대전지방법원 2016.05.25 2015노3743

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act by force by deceiving the victim’s chests, and committing an indecent act against the victim’s husband before the victim’s husband violates the common sense.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspended sentence of two years, the observation of protection, the lecture attendance order of 40 hours, the community service order of 80 hours) is too unreasonable.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion by providing a detailed judgment.

In addition to the circumstances described in the court below, considering the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant was found to have taken the hand from the victim's clothes during the period of time due to the problem of the drinking value to the victim's chest. Thus, the defendant's assertion of mistake is not accepted.

① In the lower part of the victim’s neck at the time of the instant case, an inspection that appears to have arisen when the Defendant putting his hand into the victim’s clothes is observed.

(2) The person who was a defendant;

F stated at the police that “the Defendant was 50,000 won on the breast pelel of a woman.” At the time, the victim, who was suffering from the lower part of the table, should be placed in the victim’s clothes in order for the Defendant to perform the same behavior as the F’s above statement.

③ Although F had left the police station before the police was called out, the Defendant had been working at the police station while carrying out the cost of assessing the drinking value with the victim.

After the police, the F is calculated by calculating the F, and the F is self-employed.

The words were written.

In addition, it is stipulated that the police officer arrested a flagrant offender due to sexual indecent act, and that the F went to the zone.

유사 판례

-대전지방법원 홍성지원 2015.11.06 2015고단828

-대전지방법원 2014.11.20 2014고합140

-대전지방법원 공주지원 2014.12.24 2014고합30

-서울고등법원 2018.04.13 2017노2795

-인천지방법원 2016.05.25 2016노32