logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.06.15 2018노218
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was only aware of the victim’s bridge, and there was no fact that the victim was her her tamp.

B. The punishment sentenced by the lower court (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of disclosure and notification order) is too unreasonable.

2. Comprehensively taking account of the evidence duly adopted and examined by this court, the victim was consistently affected by the Defendant from the police to the court of the original instance.

The defendants, who make a false statement and are deemed to be difficult to do so without direct experience, make a statement by specifically memorying the words, actions and the defendant's face list, etc. at the time of the time, and are credibility in such statement.

Considering the CCTV video CD, etc. in which the crime situation was taken, it is recognized that the defendant committed an indecent act by force by deceiving the victim's her tumm. Therefore, the defendant's misunderstanding of facts is without merit.

B. Although the defendant was old 74 years of age to determine the unfair argument of sentencing, the defendant committed the crime of this case during the period of repeated crime, which was the second month after the defendant was sentenced to imprisonment for the same kind of crime, and the defendant did not receive a letter from the injured party, etc., comprehensively taking account of all the sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it is too unreasonable, and therefore, the defendant's unfair argument of sentencing is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow