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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.09.04 2015노1241
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, the fact that the defendant has been admitted according to the statement in the investigation agency of C which can recognize credibility, in particular according to the statement in the court below, that is, the method of deceiving the body of the victim, the situation at that time, etc., it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the

Therefore, Defendant’s assertion is without merit.

B. The Defendant is the primary offender of unreasonable sentencing.

However, there is no special change in circumstances that the court below has already sentenced the punishment in consideration of various circumstances against the defendant, and that the court has determined the punishment differently from the original judgment.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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