(영문) 수원지방법원 2017.11.03 2017노6412 | 리걸엔진

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(영문) 수원지방법원 2017.11.03 2017노6412

준강제추행

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 thought that the victim was cruel, left alone the victim’s actions, and did not commit an indecent act against the victim.

2) The sentence of the lower court (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In addition to the circumstances of the lower court’s detailed statement on the Defendant’s assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the J witnessing the instant crime, i.e., that the Defendant was unable to take the victim at the time of the Defendant’s birth into the back seat of the taxi, leading the victim in I before and after the Defendant was born.

A consistent statement was made by police officers andJ, even if the victim was found immediately after the crime of this case, the victim was taken to the extent that the victim could not properly make the statement, ② even according to the defendant's statement, the victim attempted to talk several times, and the victim took a warning about the destination. The defendant also seems to have been easily aware that the victim could not easily have sufficient decision-making ability or decision-making ability, ③ the defendant was taken at the driver's seat over two times, and he was seated on the side of the victim intentionally taken off at the driver's seat, and in particular, the victim intending to get out of the taxi in the front of the I road, was moved to the back seat, and the defendant left the back seat according to the victim.

In full view of the facts that it is difficult to see, the judgment of the court below is just, and there is no illegality that affected the judgment by mistake of facts.

Therefore, the defendant's assertion is without merit.

B. The defendant has the same criminal history as to each of the unfair sentencing arguments by the defendant and the prosecutor.

유사 판례

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