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(영문) 서울고등법원 2021.01.15 2020노1210
강제추행치상
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for three years.

provided, however, that the sentence shall be imposed for a period of five years from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the Defendant’s criminal liability is very heavy in light of the Defendant’s criminal liability, the risk of recidivism to the Defendant, and the victim’s serious punishment against the Defendant. In light of the circumstances where the Defendant wants to commit a serious punishment, the first trial sentence (three years of imprisonment with prison labor with prison labor for a period of four years of suspension of execution) is deemed unreasonable.

2. The judgment of the court of this case is the case where the defendant was forced to commit an indecent act, in the subway station’s reasoning, that the defendant spawnddddddly followed the defendant in the subway station’s landing area, bucked up the victim, obstructed the victim’s suffering, and pushed up the victim’s body, bucked the victim’s knick, knick, knick, etc., and suffered the victim’s bucks, knick, knick, etc., which require medical treatment for about 14 days, and suffered the victim’s knick, knick, etc., in the process.

Although the Defendant was under the influence of alcohol, the Defendant

Even if it is intended to fully satisfy his own sexual desire, it is difficult to consider the motive of the crime by disregarding the personality of the damaged women and doing dynamic and gagical behavior.

The method and form of the defendant's crime also are that the damaged women who walked in the subway station's transshipment section using force, brushes by inserting her hand, inserting her turb, etc., and her mar, sturb, and badly.

Due to these crimes, the victimized female suffered considerable difficulties in the vocational activities of web developers, such as taking a degree course of hands trees and sprinks beyond the floor in the process of resisting the defendant, and in the daily life, other people are suffering from mental suffering due to stress caused by fear and apprehension of play, etc., that they are able to know about him/her without any reason, and those who have sprinked with memory, such as an displeasure, etc.

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