logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.01 2014노7348
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defense counsel L is reversed as to whether he was suffering from panty at the time of the instant case, and the defendant did not clearly talk about the fact that she was suffering from her own panty, and the court of the court below stated that she was out of her hand, and that she first made a statement that she was out of her hand, and that she did not have any other her body part other than her part, and there is no credibility in the statement.

In addition, it cannot be said that the defendant violated the victim's freedom of sexual decision merely by maintaining the victim's sound for a short period of time.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the crime of quasi-indecent act, thereby adversely affecting the conclusion of the judgment.

2. In order to reverse the judgment of the court below that recognized the credibility of the victim’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficient and acceptable. However, even considering the circumstances required in the grounds of appeal, most of the circumstances required in the grounds of appeal are not deemed to be a circumstance to the extent that the court below’s decision is not acceptable, such as where it appears to be a circumstance already pointed out and considered in the process of the court below’s deliberation.

이는 원심이 적법하게 채택조사한 증거들을 종합하여 인정할 수 있는 다음과 같은 사정들, 즉, 피해자의 진술은 수사기관에서 원심 법정에 이르기까지 중요한 부분에서 그 내용이 일관되고 구체적이며, 현장복도 CCTV 영상자료, 영상CCTV 사진자료의 각 영상 등 다른 증거와도 부합할 뿐만 아니라, 특히 침대에 누워서 자고 있던 상황과 누군가 음부를 만지는 느낌이 들어서 눈을 떴고 이때 피고인이 침대 밑에...

arrow