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(영문) 서울중앙지방법원 2015.06.19 2015노784
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court convicted of the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against C among the facts charged in the instant case, and convicted of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against D (Indecent Acts at Public Smuggling Places).

Since only the defendant appealed against the conviction, the part of the judgment of the court below which became final and conclusive is not subject to the judgment of this court.

2. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim D.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the court below, including the victim D's statement in the court below's decision of the court below as to the assertion of mistake of facts, the fact that the defendant committed indecent act against the victim D in the electric car, which is the place of public confidentiality, shall be sufficiently recognized.

The defendant's assertion of mistake is without merit.

B. It is true that the defendant has no criminal power of the same kind in determining the allegation of unfair sentencing.

However, in light of the content and circumstances of the crime of this case committed by the Defendant, considering the following factors: (a) the nature and nature of the crime of this case is not easy; (b) the victim is punished; and (c) the motive, means and result of the crime of this case; and (d) the Defendant’s age, character and conduct, environment, health conditions, criminal records, and circumstances after the crime, the punishment of the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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