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(영문) 대전지방법원 2015.12.16 2015노2346

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by deceiving the victim C’s head and return.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend sexual assault treatment lectures) is too unreasonable.

2. The Defendant asserts that there is no fact that he was the head and return of C, and that he was merely the fact by asking the above victim the ID.

However, in light of the facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim C made a consistent statement from the investigative agency to the court of the court below that the defendant met with her head and ear, and that she committed an indecent act against the victim C, ② the victim E also made a statement from the investigative agency to the court of the court of the court of the court below that she met the victim C; ③ the victims have retired from their farm only one day after the commencement of the crime of this case; ④ the victims seem to have no motive to make a false statement in order to mislead the defendant without knowing the defendant, and ④ the victims seem to have committed an indecent act against the victim.

Therefore, the defendant's assertion of mistake is not accepted.

3. The circumstances favorable to the Defendant include: (a) the Defendant appears to have caused the instant crime by contingency, (b) the Defendant has no record of criminal punishment in Korea, and (c) the extent of the instant indecent act is very significant, considering the determination of the assertion of unreasonable sentencing; and (d) the Defendant appears to have caused the instant

On the other hand, it is doubtful whether the defendant continues to deny the crime of this case and against his mistake, and the victims.