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(영문) 서울서부지방법원 2015.11.26 2015노1450

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized a criminal act in depth, and sought a letter of apology to the victim immediately after the instant case; (b) the Defendant had no criminal power; and (c) the Defendant appears to have committed any contingent crime under the influence of alcohol.

However, in light of the method of crime and the negligence of indecent act, etc., the liability for the crime is not less exceptionally, and the fact that there is no agreement with the victim or no recovery from damage until the trial is in the court is disadvantageous to the defendant.

In addition, considering the various sentencing conditions shown in the records and pleadings, such as the defendant's age, career, character and conduct, environment, family relationship, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.