(영문) 울산지방법원 2016.02.18 2015노1263 | 리걸엔진

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(영문) 울산지방법원 2016.02.18 2015노1263

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the victim’s statement as evidence of misunderstanding the facts and misapprehension of the legal principles is the only fact-finding and the victim’s statement is not consistent, in light of the date, place, circumstance, etc. of the occurrence of the case, the victim’s statement is not contrary to the facts or is inconsistent with the common sense. However, in finding the defendant guilty of each of the charges of this case with only the victim’s statement as evidence, it is difficult to deem that the proof of the crime of this case has sufficiently reached the extent that the judge could not have any reasonable doubt, but all of the charges of this case are guilty, the court below erred by misunderstanding the facts and misapprehension of the legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of eight million won or more, and an order to complete a program) is too unreasonable.

2. Determination

A. (1) The summary of the facts charged in this case is a person who served as a middle school scientific teacher in Ulsan-gu, Ulsan-gu, and the victim F was a former E secondary school student.

1. On July 2013, 2013, the Defendant reported the victim who was posted a test leaflet on the third floor corridor of the 2nd class E secondary building at the 3rd class building at the 2nd class on July 2013, 2013, and the victim “ is extremely high”

In the latter part of the victim, "the victim shall not be sealed in double arms, and the victim's chest was seld below the victim's chest and the victim was forced to commit an indecent act.

2. On February 2013, 2013, the Defendant reported the victim who was found in the school year room in the name of another teacher within the school year room of another teacher in the middle school in the name of the third class room of the E-middle school, and the victim was “O, an infant only once,” and the victim was not sealed by both arms, such as the victim, and the victim’s chest was detained, and the victim was forced to commit an indecent act.

3. The Defendant was at issue between 15:20 on August 2014 and 16:30 on the date.

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