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(영문) 서울남부지방법원 2014.04.24 2014노120

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles are smaller than the victim’s body in contact with the victim’s hand or arms, but there was no fact that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, it is recognized that the statement about the indecent act committed by the victim is consistent and there is no special doubt about the circumstance in which the defendant was identified as the offender, and the defendant has been in contact with the victim after going beyond the police investigation stage, and the defendant has continued to file a lawsuit that lacks consistency in the statements and lacks persuasive power in relation to the circumstances in excess of the police investigation and subsequent circumstances.

In light of the above, even if considering the situation at the time of the crime of this case, the facts charged in this case can be acknowledged that the defendant was aware of the victim's her her her her her her her her her her her her her her her her her her her her her her

B. In light of the degree of indecent act committed by the Defendant on the assertion of unfair sentencing, other methods of committing the instant crime, the circumstances after committing the instant crime, and the Defendant’s age and character and conduct, it is not recognized that the sentence imposed by the lower court is unreasonable.

3. Thus, the defendant's appeal is correct.