(영문) 수원지방법원 2017.02.02 2016노5224 | 리걸엔진

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(영문) 수원지방법원 2017.02.02 2016노5224

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant was engaged in soup making soup a soup.

E’s her butane and her butane were not known.

Since the prosecutor and investigator have made a false confession with the attendance of the investigator that the agreement is terminated only when the agreement has been chilled due to the strong investigation, the examination protocol of the suspect prepared by the prosecutor has no admissibility or credibility.

Nevertheless, the lower court erred by misapprehending the facts of this case and adversely affecting the conclusion of the judgment by finding the Defendant guilty on the grounds of the testimony of E without credibility and the prosecutor interrogation protocol, etc. of the Defendant.

(2) In light of the fact that the illegal defendant in sentencing is still a university student who has yet to be aged and has no record of criminal punishment, and that the husband of E demanded excessive monetary amount of KRW 20 million and failed to compensate for damage, etc., the sentence of the court below that sentenced the suspension of execution 1 year, the observation of protection, the community service order for 80 hours, and the order to attend the lecture for sexual assault treatment for 80 hours is too unreasonable.

B. In light of the fact that the crime of this case by the prosecutor was committed by the Defendant at a soup and so on, it is not good that the Defendant committed an indecent act by her mar and marb with her mar, which had not been locked in the soup and so on, and that the Defendant denied the crime and did not reflect it, and that the degree of conduct is more severe and E wants to punish the Defendant, the sentence of the lower court is too unreasonable.

2. Determination

A. On May 13, 2015, the summary of the facts charged in the instant case reported that the victim E (n, 40 years of age) was able to take up on the front floor of the yellow soil, within a soup room of “D” located on May 13, 2015, 03:50, Young-gu Seoul Metropolitan City 1 commercial building, and that the victim e (n, 40 years of age) was able to take up on the front floor of the yellow soil, and the victim am her her her her her her her her her her her her her her her her her her her her her her part, and the victim

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