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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.05.18 2016노2499
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

Along with the fact that there were many people at the time of the instant case as to the summary of the grounds for appeal, the injured person may be shotd with the Defendant, but the Defendant did not intentionally attach the body of the victimized person after the victim, as stated in the facts constituting the offense of the lower judgment, and did not have closely adhered the body of the victimized person to his her son.

The sentencing of the court below's unfair sentencing (the imprisonment of six months, the suspension of execution of one year, and the suspension of 40 hours) is too unreasonable.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of the facts as to the grounds for appeal, namely, the statements in the victim's investigative agency and court of the court below are consistent and concrete as to the defendant's act at the time of the instant case, the content of damage, the victim's perception and response, the situation before and after the commission of the crime, and there are no circumstances to be falsely stated in the victim's statement. The witness F used the defendant's knee in the court of the court below to close down the victim's kne, and

In full view of the fact that the statement corresponds to the statement of the victim, the victim feel off his body, while the defendant continued to see his body after the victim, etc., the defendant intentionally attached the body of the defendant after the victim, and thus, he can recognize the fact that the defendant committed an indecent act against the victim by sticking the body of the victim two times in her tumm over two times.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

Although there are no circumstances for the defendant to take into account the circumstances such as the fact that there has been no history of criminal punishment so far, there is no tolerance from the injured party, and there is a special reason to newly consider the sentencing after the sentence of the lower judgment.

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