logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.09.20 2018노119
강제추행
Text

[Defendant A] The lower judgment is reversed.

Defendant

A shall be punished by a fine of KRW 5,000,000.

The above defendant is a fine.

Reasons

1. The lower court, among the facts charged against Defendant B, acquitted Defendant B on the charge of violating the law of the branch of children’s clothes (Habitual child abuse) on May 2015, and found Defendant B guilty of violating the law of the branch of children’s clothes (Habitual child abuse), the lower court did not separately sentence Defendant B’s non-guilty on the part of the lower court, inasmuch as it found Defendant B guilty of a violation of the law of the branch of children’s clothes (Habitual child abuse) against the act Nos. 5, 6, and 7 of the

The decision was determined.

In this regard, only the above defendant appealed against the judgment below, and the prosecutor did not appeal against the non-guilty part of the above reasons.

In such a case, the verdict of innocence by the indivisible principle of appeal is to be transferred to the trial in the first instance along with the guilty part, but this part has already been excluded from the object of attack and defense between the parties, and has been virtually relieved from the object of trial.

Therefore, the conclusion of the judgment of the court below is to be followed with respect to the part not guilty of the above reasons, and it is not judged separately in the trial.

2. Summary of reasons for appeal;

A. Defendant A 1) In other words, the above Defendant did not have the intent to commit an indecent act against the victim F, as stated in the facts charged, and did not have the said victim saw her chest.

Nevertheless, the court below found the defendant guilty of this part of the charges on the grounds of the victim's statement, etc. without credibility. The court below erred by misunderstanding facts and misunderstanding of legal principles.

2) The sentence sentenced by the court below to the above defendant (4 months of imprisonment, 1 year of suspended execution, and 40 hours of order to attend school) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles, the above Defendant did not commit each indecent act, assault and abuse as stated in this part of the facts charged, and did not have any intention to do so.

Nevertheless, the court below convicted the victims of this part of the charges on the grounds of the statements, etc. of the victims with no credibility. The court below erred by misapprehending the legal principles and misunderstanding facts.

2) Sentencing is unfair.

arrow