(영문) 의정부지방법원 2016.08.23 2016노1509

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(영문) 의정부지방법원 2016.08.23 2016노1509

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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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 within the subway.

B. The sentence of the lower court’s unfair sentencing (2.5 million won in punishment, and 40 hours in sexual assault treatment programs) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the victim C stated that “the defendant was attached to the defendant, but the victim was sleeped about the defendant’s sexual organ, was winded on the back, and was sleeped (see, e.g., 51 side of the trial record)”; (b) the defendant arrested the defendant in the act of committing an act of committing an offense, “the defendant was slicked by women, was slicked, and slicked by the victim boarding on the train after examining the surrounding area at the seat of the defendant's sexual organ,” (see, e.g., 65, 66, and 67 side of the trial record); and (c) the victim stated that “the defendant was sealed by the victim of his sexual organ,” and it is sufficiently recognized that the defendant committed an indecent act within the subway, in light of the fact that the defendant committed an indecent act by the defendant was committed within the victim.

B. Determination 1 on the wrongful argument of sentencing is recognized that the defendant has no record of criminal punishment.

In the past, the issues at issue were not subject to criminal punishment in agreement with the victims. (2) However, considering the following circumstances, even if considering the above circumstances favorable to the defendant, the court below’s punishment is too unreasonable, even if it is too unreasonable to take into account: (a) the defendant denies and not reflects the crime; (b) the defendant did not agree with the victim; and (c) the victim did not recover from damage; and (d) there was a record of engaging in an indecent act against another woman within the subway; and (b) the defendant’s age, circumstances leading to the crime, and circumstances after the crime.

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