(영문) 수원지방법원 2014.11.13 2014노2362 | 리걸엔진

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(영문) 수원지방법원 2014.11.13 2014노2362

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

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The defendant's appeal is dismissed.

Reasons

1. As stated in the summary of the grounds of appeal, the judgment below convicting the defendant, even though the defendant saw the victim's body on the body of the victim E, and did not commit an indecent act by deceiving the chest of the above victim, and the defendant was unilaterally assaulted by the victim G and his work, and the defendant did not assault the victim G, is erroneous in the judgment below which found the defendant guilty.

(M) In addition, the lower court’s punishment (a fine of KRW 3 million, and 40 hours after a program for the treatment of sexual assault) against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the above assertion by the defendant is without merit.

① In full view of the following facts: (a) the victim E filed a report with an investigative agency immediately after the instant case; (b) the victim E submitted a written statement from that time to that of the lower court to that of the lower court; (c) however, the Defendant made a specific and consistent statement as to the Defendant’s indecent act as stated in the facts charged; (d) the witness H, who was derived from the victim E, directly observed the Defendant’s indecent act; and (e) H directly testified the Defendant’s indecent act; and (e) the said victim’s motive or reason to gather the Defendant at the risk of numerical learning, can be acknowledged as credibility of the victim E and the witness’s statement.

② The victim G, who was a witness of the Defendant’s indecent act, committed a physical fighting with the Defendant under his resistance, and the Defendant also recognized the fact that the Defendant fats the fats of the victim G. The Defendant’s act is sufficiently recognized as assault.

(3) The defendant is under the influence of alcohol and thereby a victim G.

유사 판례

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