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(영문) 서울중앙지방법원 2019.02.15 2018노3466
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios, unreasonable sentencing) and the defendant's defense counsel withdrawn the argument of mistake of facts as to the crime of indecent act by compulsion on the first trial date.

As a matter of course, the Defendant’s act of spreading the victim’s grandchildren and shoulder parts and jums is merely a mere physical contact and does not constitute an act contrary to good sexual morality and causing sexual humiliation or aversion to the general public. Thus, it cannot be seen as an “indecent act.”

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the court below’s determination on the assertion of legal principles, in light of the Defendant’s specific form of conduct, influence on the victim, victim’s intentions and response, the relationship between the Defendant and the victim, etc., at the time, the Defendant’s act of talking about the elevator in the course of using the hospital’s elevator, such as “equitable........................... again, the Defendant used the elevator at the time when using the hospital, and talking the victim’s losses, etc., and talking on the part of the victim’s shoulder from the part of the victim’s shoulder, not just physical contact, but also constitutes an indecent act because it infringes the victim’s sexual self-determination right, causes sexual humiliation or aversion to the

3. It is recognized that the Defendant made a confession of and reflects the instant crime, the damage from larceny was returned, and the victim of the crime of destroying and damaging special property does not want punishment against the Defendant, and the mental disorder of the Defendant appears to have an impact on each of the instant crimes even though it is not limited to the degree of mental disability.

However, the defendant has been subject to criminal punishment several times, including theft and damage to property.

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