(영문) 부산지방법원 2016.11.25 2016노3540 | 리걸엔진

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(영문) 부산지방법원 2016.11.25 2016노3540

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a physical contact between the Defendant and the victim V of mistake of facts, the court below found the Defendant guilty of this part of the charges without any intention to commit an indecent act on the part of the Defendant, on the ground that it was merely contact with the victim's body, which was filled up by gas due to an artificial resistance attached to the Defendant.

B. The sentence of the lower judgment on unreasonable sentencing (three years of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s intentional act against the victim may be sufficiently recognized.

Therefore, the defendant's assertion of mistake is without merit.

① The victim stated the facts of the instant indecent act by compulsion on two occasions in the police as follows. The victim initially stated the Defendant to the extent that it is impossible to make a statement without experience about the background of the crime, the Defendant’s movement route, the Defendant’s indecent act method and place of damage, the Defendant’s appraisal of damage

(Defendant was in front of the victim, but the victim got aboard the elevator after getting on the elevator. After getting on the elevator, the victim was able to get on the elevator. After getting on the elevator, the body expected to go to the victim without facing the victim, and the victim went to face with the victim, and the victim was faced with his sexual organ, and the victim was faced with the victim. (See evidence records 2016No. 2055). (See evidence records 18 pages) - The defendant was going to get the person around the elevator to get on the elevator.

Therefore, I first get off the elevator and wait for all of the people, and then get off the elevator at the last time, even though there was an elevator even though a low person who was at the last time after the elevator was in existence, I see the surroundings and see it at the last.

In addition, it is front of the will.

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