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(영문) 인천지방법원 2018.04.13 2017노2132
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant was unable to commit an indecent act by taking advantage of the victim’s chests under a knife surgery, and the Defendant was at the right hand hand hand of the victim in order to oppose the assault by the victim. It is legitimate defense.

B. The sentence of the lower court’s unfair sentencing (the sentence of imprisonment for four months, the suspended sentence of two years, and the order to attend a lecture for treatment of sexual assault for forty hours) is too unreasonable.

2. Determination:

A. The Defendant asserted that the lower court had the same purport as the misunderstanding of the above facts and the misunderstanding of the legal doctrine, and the lower court rejected the above assertion in detail by providing a detailed statement on its determination. In light of the evidence duly admitted and investigated, the lower court’s determination is justifiable, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. The Defendant, after the instant forced indecent act, committed an assault against the victim as a result of the instant indecent act, committed an assault against the victim. 112 reported the victim, and did not yet reach an agreement with the victim. Considering the Defendant’s age, occupation, health conditions, criminal records, motive, means and consequence of the crime, and other circumstances, which are the conditions for sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, occupation, health conditions, criminal records, motive, means and consequence of the crime, the circumstances after the crime was committed, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

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