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(영문) 서울중앙지방법원 2015.11.06 2015노3092

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, especially the testimony at D's investigative agency that can recognize credibility, the statement at court of the court below, the CD image, etc., it can be sufficiently recognized 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. There is an unreasonable sentencing circumstance where the defendant is the primary offender.

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

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