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(영문) 서울북부지방법원 2019.09.26 2019노892

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, pointed out the Defendant’s misunderstanding of the victim’s her clothes in the cold franchising of the Defendant’s franchis, and only caused her tumm one time, so there was no intention to commit an indecent act, and it cannot be deemed that it constitutes an indecent act.

Nevertheless, the court below found the defendant guilty, and there is an error of law by misunderstanding the facts.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence duly examined by the court below, the defendant alleged the same purport in the court below, but the court below found the defendant guilty. In light of the following circumstances, i.e., (i) the victim consistently states the facts of damage from occasional organizations to the court of the court below, and (ii) the victim’s oral CCTV image is not merely an infinite loss but it is confirmed 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

Therefore, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is without merit.

B. In full view of the circumstances favorable to the Defendant, the means and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the fact relevance of the instant crime is recognized by the Defendant, and the Defendant has no record of punishment exceeding the same criminal history or fine, etc., it does not seem that the lower court’s punishment is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

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