(영문) 제주지방법원 2015.07.23 2015노107 | 리걸엔진

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(영문) 제주지방법원 2015.07.23 2015노107

강제추행

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Under the explicit or implied consent of the victim, the defendant of mistake of facts was merely engaged in the "aroma" against the victim according to the ordinary method in the industry, not with the intent of indecent act, but with the victim's chest or tam, and there was no fact that the victim was flick or tam against the victim's view.

B. Even if the Defendant was guilty of unreasonable sentencing, the lower court’s punishment (ten months of imprisonment and 80 hours of attendance order) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the original trial including the 1 case, the statement of the victim and her husband F, and the following circumstances that can be admitted therefrom, the defendant can be found to have committed an indecent act by force against the victim as stated in the facts constituting the crime in the original judgment.

① In light of the circumstances leading up to the victim’s report, the victim visited Jeju-do, with her husband, was reported to the police on the ground that the victim was suffering from the same damage as the facts constituting the crime in the judgment of the court below.

The victim is between the Defendant and the victim without any way, and the content claimed to be damaged is very numerical slick from the standpoint of the new father who made a new divorce trip, and even if the victim’s statement to the husband and immediately reported to the police immediately, it does not seem that the victim is claiming to have caused false damage.

In particular, according to the victim's husband F's statement, the victim's husband's her husband's son's son's son's son's son's son's son's son's son'

② Next, considering the statements made by the victim, the victim first finds it difficult for the police to find out the fact of damage.

유사 판례

-제주지방법원 2015.7.23.선고 2015노107 판결

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