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(영문) 수원지방법원 2015.11.17 2015노657

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. There is no misunderstanding of facts (as to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place)) by the Defendant, as described in the facts charged, using the victim C’s bucks.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the grounds of the statement, etc. of the victim C without credibility, thereby misleading the facts and adversely affecting the judgment.

B. In light of the fact that the defendant committed each of the crimes in this case under the influence of an unreasonable sentencing, there are circumstances to consider the circumstances leading to the crime of interference with the business of this case, the degree of indecent act is minor, and the defendant is old, etc., the sentence imposed by the court below (the first crime in the judgment of the court below: imprisonment for six months, suspension of execution for two years, suspension of execution for eight hours, order to attend lecture for sexual assault treatment for eight hours, and second crime in the judgment of the court below: fine of one million won) is too unreasonable.

2. Determination

A. In order to reverse the judgment of the court below that recognized the credibility of the victim C’s statement, which is the evidence supporting this part of the facts charged, as to the defendant’s assertion of mistake of facts, the court below’s determination should be sufficiently and sufficiently acceptable. However, even considering the circumstances required in the grounds of appeal, it does not seem to be a circumstance to the extent that the court below’s determination is not acceptable, such as most of the circumstances already pointed out in the process of the court below’s deliberation and considered in the process of its determination.

This is more so in light of the following circumstances, i.e., the victim C’s statement from the police to the court of the court below, consistent, specific, and consistent with the victim C’s statement attached to the victim C’s statement, which can be duly admitted and investigated by the court below.

Therefore, the victim C's statement in the court below.