(영문) 제주지방법원 2018.08.16 2018노68 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 제주지방법원 2018.08.16 2018노68

강제추행등

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The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act that causes a sense of sexual shame against D on the aircraft in operation at the time of the instant case, and even if so, the Defendant committed an indecent act.

Even if this was caused by a mental disorder under the influence of alcohol, the lower court erred by misapprehending the legal doctrine or thereby adversely affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the amount of two million won in punishment, and the completion of sexual assault treatment programs for forty hours in 40 hours) is too unreasonable.

2. According to the evidence cited by the court below, the defendant was seated beside the aircraft in flight at the time of the instant case, according to the consistent and consistent statement of D as to the developments leading up to which the damage was inflicted at the time of the instant case and E’s statement supporting this, etc.

It can be recognized that the defendant commits an indecent act that causes sexual humiliation to D by using force against D's will in light of the gender, age, relationship, etc. of the defendant and D.

In addition, according to the records of this case, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but in light of the contents of the crime of this case, it was found that the defendant had no or weak ability to discern things or make decisions.

subsection (b) of this section.

Therefore, the other defendant's misunderstanding of facts or misapprehension of legal principles is without merit.

3. The Defendant’s judgment on the wrongful argument of sentencing is an initial criminal without any previous conviction, and the Defendant would not again commit such an offense.

In addition, the extent of the indecent act in this case is relatively not much severe, and there is another reason.

유사 판례

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