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(영문) 서울중앙지방법원 2015.07.17 2014노3981

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not commit an indecent act, assault, or assault the victim as stated in the judgment of the court below.

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 F's investigation agency that can recognize credibility, and the statement at court of the court below, the defendant can sufficiently recognize that the defendant committed an indecent act against the victim as stated in the court below's decision, committed violence, and committed an indecent act against the victim.

The statement of the witness R or the evidence submitted by the counsel alone does not obstruct the acknowledgement of the facts of crime, and there is no other evidence to reverse it.

Therefore, Defendant’s assertion is without merit.

B. There are circumstances such as the Defendant’s absence of the same or imprisonment without prison labor or heavier punishment.

However, there is no special change in circumstances to determine the punishment differently from the original judgment when there was no agreement between the defendant and the victim.

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