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(영문) 서울서부지방법원 2015.12.24 2015노1144

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was faced with the wind by the victim, and the victim was faced with the wind by inserting the hands in the Australian machine at the time of the instant case, and there was no contact with the part of the victim.

B. The sentence of the lower court’s unreasonable sentencing (two months of imprisonment and forty hours of sexual assault treatment program) is too heavy.

2. Determination

A. As to the assertion of mistake of facts, in full view of the following circumstances revealed by the court below and the evidence duly adopted and examined by the court below, the defendant can be deemed to have committed an indecent act against the victim as stated in the judgment below.

This part of the defendant's assertion is without merit.

1) According to the images taken at the time of the instant case, unlike the Defendant’s assertion, the Defendant, unlike the Defendant’s assertion, did not put the arms into Australia and she faced with the victim while she faced with the victim, was not a part of the victim’s shoulder, but a part of the victim’s sound, as the Defendant asserts. 2) At the time of the instant case, the victim was suffering from the short bucks, which came from the short bucks to the buck on the nacker, but the part below the nacks that the victim was suffering on the nacks at the time of the instant case, and the victim resisted the Defendant that the part below the nacks on the nacks, which the victim was suffering on the nack, and immediately after the instant case, the victim argued against the Defendant that the part of nacks on the nacks.

The victim stated that, since the investigative agency to the trial of the party, the Defendant was able to sparly spare his fingers at the time of the instant case, and that the Defendant was spared with her fingers.

B. The Defendant’s assertion of unfair sentencing is an element of sentencing favorable to the Defendant that has no record of punishment for the same kind of crime.

However, the fact that the defendant denies and does not oppose the crime until the trial is the factor of sentencing disadvantageous to the defendant.

In addition, the Criminal Act, such as the age, character, behavior and criminal record of the defendant.

참조조문