(영문) 서울서부지방법원 2020.08.10 2020노268

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(영문) 서울서부지방법원 2020.08.10 2020노268

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (defendant 1) The Defendant did not commit an indecent act against the victim as stated in the facts charged in the instant case. 2) Even if the Defendant was found guilty of domestic affairs, it cannot be punished as an indecent act by assault in light of the form of the act, and the criminal intent.

B. The sentence imposed by the court below (public prosecutor) of unreasonable sentencing (three years of suspended sentence in eight months of imprisonment) is too uneasible and unfair.

2. Determination

A. 1) The Defendant also asserted the same purport in the lower court’s determination on the Defendant’s assertion of mistake. The lower court, based on the title “determination on the Defendant’s and his defense counsel’s assertion” among the said judgment, found the Defendant guilty of each indecent act by compulsion against the Defendant’s victim. 2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court can sufficiently recognize the Defendant’s indecent act as stated in the facts charged.

The judgment below is just, and there is no error of misconception of facts, as alleged by the defendant, and the defendant specified the video CDs (Evidence No. 36, No. 36, No. hereinafter the above video CDs as the "videos" according to the file name.

A person appearing in the CCTV images Nos. 9 and 10, which are contained in the CCTV images, asserts that the defendant is consistent, but the remaining 1 to 8, except this, is not the defendant, but the appearance of the defendant is inconsistent.

However, considering the following points, it can be recognized that the figures in the form of driving away from the victim or escape after the crime is the defendant in the case of inheritance Nos. 1 to 8.

① Examining the images No. 10 recognized by the Defendant as himself, the Defendant follows the caps on the day of committing the instant crime, kiscisf, kiscisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisfisf, and reported

유사 판례

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-서울서부지방법원 2014.05.22 2012고정1439