(영문) 전주지방법원 2016.07.07 2016노157 | 리걸엔진

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(영문) 전주지방법원 2016.07.07 2016노157

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts and the misapprehension of the legal doctrine did not have any contact with the victims’ shoulders, but did not have any other physical parts, by taking advantage of the status of the employer, the victims were forced to commit an indecent act.

2) The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the lower court determined that the Defendant committed an indecent act against the victims under his/her command and supervision by force by taking full account of all the circumstances such as the investigation agency, the legal statement and the statements of the victims with credibility.

The decision was determined.

2) We agree with the judgment of the court below in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, and there is no error of misconception of facts as alleged by the defendant.

A) The victim H and K did not take part in the larceny crime, and the defendant recognized the necessity to punish the defendant after confirming the fact that the defendant committed an indecent act by the victim J and I, and caused the defendant to file the complaint of this case. In light of the trial record 85 pages, 97 pages, evidence records, 43 pages, the victim K and I committed some of the crimes against the defendant's victim J and I, and the victim J and the victim J observed some of the crimes against the victim K, and their damage and witness statements coincide with each other, the victim J and I testified during the trial record 94 pages, evidence records 119 pages, even if the victim J and I were aware of the fact that the defendant was working in the store of this case while working in the store of this case, the victim's statement can be sufficiently reliable.

B) The victims shall commit crimes at an investigative agency.

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