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(영문) 서울중앙지방법원 2015.08.28 2015노726

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

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, in particular, the victim's investigative agency that can recognize credibility, and the statement at the court of original instance and the court of original instance, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

B. The Defendant is the primary offender of unreasonable sentencing.

However, even until now, it is difficult to say that the defendant did not receive a letter from the victim, and that his mistake is divided into a truth.

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