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(영문) 서울중앙지방법원 2020.05.21 2019노2426
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant in mistake of facts caused the victim's buckbucks by inserting the hand into the victim's bucks.

B. The lower court’s sentence (2 million won of fine and order to complete a program) against the Defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court of the trial, it is sufficiently recognized that the defendant committed an indecent act against the victim by putting the victim's bucks on the victim's bucks inside as stated in the crime at the time of original judgment.

Defendant’s assertion is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle of unfair sentencing, should respect the determination of sentencing in cases where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed.

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