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(영문) 서울중앙지방법원 2018.02.07 2017노3982
강제추행
Text

The defendant's appeal is dismissed.

Reasons

The reason for appeal by the defendant is that the original sentence is too heavy.

However, the lower court’s sentencing is not deemed unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record.

The Defendant voluntarily released from the police station to voluntarily leave the police station and voluntarily made a statement on the background of the crime. This is alleged to the effect that mitigation of punishment is required because it falls under “self-denunciation” as prescribed by Article 52(1) of the Criminal Act. However, “self-denunciation” as prescribed by Article 52(1) of the Criminal Act refers to an expression of intent to voluntarily report the crime to a government agency responsible for the investigation and to seek such disposition, and to make a statement on the facts of crime in response to an official questioning or investigation by an investigative agency is only confession, and it is not a confession, and the Defendant voluntarily surrenders himself.

In light of the above, the defendant's assertion that he voluntarily surrenders to the police is merely that the court can voluntarily reduce the punishment, and thus, the defendant's assertion is not accepted.

The defendant's appeal is dismissed.

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