(영문) 서울남부지방법원 2018.06.15 2018노393

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(영문) 서울남부지방법원 2018.06.15 2018노393

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of indecent act by force, the Defendant did not have committed an indecent act by force by making the victim E’s her tum with his her hand.

B. The punishment sentenced by the lower court (one year of imprisonment and a fine of 600,000 won, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. The following circumstances, i.e., the evidence duly adopted and examined in this court, based on the determination of the assertion of mistake of fact: ① The victim E was consistently affected by the Defendant’s indecent act by force from the police to the court of the original instance.

As the defendant, who has made a simple statement and seems to be difficult to do so without direct experience, makes a statement by specifically memorying the words, actions, surrounding circumstances, etc. at the time, there is credibility in such statement.

In light of all the circumstances, including the fact that N also made a statement consistent with the victim’s statement at the lower court, the Defendant may be found to have committed an indecent act by force by making the victim E’s her her her her her her her her b

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

B. Determination of the unfair assertion of sentencing is that the Defendant was sentenced to a suspended sentence of 2 years on the grounds of a violation of the Minor Protection Act in 1989 and was punished by a fine until now, and that there is relatively minor damage in the case of each crime of destroying property is favorable to the Defendant.

However, the defendant has repeatedly committed several crimes in a short period. In light of the circumstances before and after each crime, the attitude of the defendant against the victims, etc., the crime is not less severe, the crime is very dangerous, and most of them are not recovered from damage.

In full view of all the sentencing conditions shown in the records and arguments of this case, the lower court.

유사 판례

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