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(영문) 서울남부지방법원 2017.09.08 2017노1123
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding (defendant) of the victim’s body and rhym the victim’s shoulder while the victim’s booms too narrow and narrow, and thus, the victim’s shoulders cannot be hymddd with his/her fingers or his/her fingers with his/her fingers.

B. The punishment sentenced by the lower court (six months of imprisonment) is too heavy or (six months of imprisonment) and is so unhued as (the prosecutor).

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport in the lower court, and the lower court rejected the said assertion on the grounds that according to the evidence of the lower court, including the victim’s statement with credibility, the Defendant was found to have committed an indecent act on the part of the victim as stated in the lower judgment, as stated in the lower judgment.

Examining the above judgment of the court below in comparison with the relevant legal principles and records, the judgment of the court below is just, and there is no error of law by misunderstanding facts, which affected the conclusion

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

B. In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, including the absence of changes in circumstances after the court below, the sentence imposed by the defendant is deemed appropriate, and the sentencing of the defendant is too heavy or unreasonable. Thus, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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