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(영문) 서울서부지방법원 2018.01.18 2017노1148

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit an indecent act against the victims, the lower court erred by misapprehending the legal doctrine or misunderstanding the fact that found the Defendant guilty.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment, two years of suspended sentence, and forty hours of lecture for sexual assault treatment) is too unreasonable.

2. Determination

A. The victim E and H’s legal statement is consistent with a specific and investigative agency’s statement, as well as an explanation about the circumstances before and after the commission of an indecent act, and it is difficult for the above victims to find a motive to make a false statement unfavorable to the Defendant, thereby sufficiently recognizing the credibility of the statement.

In full view of the evidence duly adopted and examined by the court below in each of the above statements of the victims (including the I's statement and photographs after closure) the defendant's allegation in this part is not accepted.

B. The decision of imprisonment is inevitable since the illegal criminal defendant asserts the crime up to the trial of the party, and is consistent with his defense, and the victims have filed a complaint by false accusation or defamation.

However, in full view of the following circumstances: (a) there is no history of punishment against the Defendant; (b) the degree of prosecution is not significant; (c) the degree of damage is equal to that of the same kind of case; (d) equity in sentencing and other Defendant’s age, sexual conduct, intelligence and environment; (e) background leading to the instant crime; and (e) the method and method of the instant crime; and (e) circumstances that conditions for sentencing, such as the circumstances after the commission of the crime, the details of the punishment determined by the

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by the court as stated in this Court shall be as stated in each corresponding column of the original judgment.