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(영문) 서울중앙지방법원 2015.06.05 2015노395

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and examined by the court below, especially the credibility of the evidence, D, E’s investigation agency, and the statement in the court of the court below, the defendant can sufficiently recognize the fact that he committed an indecent act against the victim as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

B. Circumstances in which the Defendant’s economic conditions are difficult are unreasonable.

However, despite the existence of the record of punishment for the same kind of crime, the defendant has committed another crime of this case again, and there is no special change in circumstances to determine the punishment differently from the original judgment in the trial.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit