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(영문) 서울북부지방법원 2017.06.29 2017노587

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed an indecent act by force against the victim F at the time and place stated in the facts constituting the offense in the lower judgment, the lower court convicted the Defendant of the facts charged in this case by misunderstanding the facts.

B. The sentence that the court below sentenced against the defendant (the imprisonment of six months, the suspended sentence of two years, the community service hours, and the class 40 hours in sexual assault treatment lectures) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, the Defendant’s indecent act by force against the victim F as stated in the facts constituting an offense in the lower judgment can be acknowledged.

Therefore, the judgment of the court below did not err in the misapprehension of facts as alleged by the defendant, and the defendant's above assertion is without merit.

B. Examining the following circumstances: (a) although the Defendant paid KRW 1.5 million to G as the victim of the assault case, insofar as G did not clearly express his/her wish not to punish the Defendant, it is difficult to view that the Defendant agreed with G so long as the Defendant did not express his/her wish to punish the Defendant; and (b) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, such as the fact that the Defendant did not yet agree with the victims; and (c) the Defendant’s age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime; and (d) other various circumstances that are conditions for the sentencing specified in the records and arguments, such as the circumstances after the crime was committed, the lower court’s sentencing is determined within reasonable and appropriate scope

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.