(영문) 서울북부지방법원 2018.10.18 2018노979

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(영문) 서울북부지방법원 2018.10.18 2018노979

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s misunderstanding of fact could have contacted the body of the victim without the intent of the victim in the process of leading the victim to the order, the Defendant’s intentional indecent act cannot be recognized.

B. The sentence of the lower court (one million won in punishment, 40 hours in total, and 1 million won in total, and 40 hours in total) against the illegal accused in sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① under the on-site CCTV video (Evidence List No. 14), the Defendant’s son, etc. sees the victim’s hand and is able to unfold the part of the victim’s knife, protruding out, and the part of the victim’s knife is confirmed; ② the victim made a relatively detailed statement at the investigative agency about the situation before and after the instant case, the method of physical contact, and the knife at the time, and especially the falsity was involved in the statement.

(3) As seen earlier, if the defendant tried to leave the victim for the purpose of the order, it seems that the purpose of the defendant could have been sufficiently achieved by means of breaking other parts of the body than her amb, or directly her part, other than her amb, etc., (4) the defendant was arrested as a current offender at the time of arrest of the current offender, the fact that the body of the victim was met, the fact that the victim was her part, the fact that the victim was her part, the fact that the victim was her part (see, e.g., evidence record No. 6 and 7) was entirely denied, and the defendant argued to the effect that the victim was memory during the trial process (see, e.g., court record No. 20) and that there was no consistent argument, the defendant's assertion that there was no intention cannot be accepted.

B. Illegal assertion of sentencing.

유사 판례

-대전지방법원 2016.06.29 2016고단756

-수원지방법원 2015.01.30 2014고단5099

-춘천지방법원 2017.02.09 2016노42

-수원지방법원 2018.04.19 2018노695

-대전고등법원 (청주) 2016.08.18 2016노5