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(영문) 서울고등법원 2016.05.03 2015노3570

군인등강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant guilty of the charge of suspicion, coercion, coercion, and each indecent act committed by force of each of the instant facts charged, and sentenced the judgment dismissing the public prosecution. Since only the Defendant appealed the part guilty and the part dismissing the public prosecution not appealed by the Defendant and the prosecutor became final and conclusive, the scope of the judgment of the lower court is limited to the part of the charges of coercion, coercion, coercion, and each indecent act committed by the Defendant and the prosecutor.

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. The judgment of the defendant is recognized that his mistake is divided, and that the defendant agreed with the victim.

However, the Defendant repeatedly committed the instant crime several times in prison due to the crime of fraud, etc., and the instant crime was committed by the Defendant by forcing the victim, who is a soldier, by force, and by force, and the nature of the crime is not good. Considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the instant argument, such as the circumstances after the crime, the lower court’s punishment is too unreasonable. Thus, the foregoing assertion by the Defendant is without merit.

4. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition by the Supreme Court Decision (Provided, That the judgment below’s second 2nd 2nd 2nd 2nd 2nd 2015, “(the point of coercion)” and “(the point of coercion) of the fourth 7th 4th 7th 2015 is each clerical error (the point of coercion, and the choice of imprisonment). Therefore, it is obvious that it is a clerical error in the “(the point of coercion, and the choice of imprisonment)”, and it is corrected under Article 25(1) of the Rules on Criminal Procedure.