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(영문) 부산지방법원 2014.12.05 2014노2013
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case on the grounds that there was no indecent act against the victim.

B. The sentence of the lower judgment on unreasonable sentencing (the fine of KRW 3,00,000 and the completion of the sexual assault treatment program of KRW 40 hours) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The defendant, at the court of original trial, led to confession of the crime of indecent act by compulsion at the court of original trial, there is no reason to suspect the voluntariness of confession, there is no evidence to prove it, and the statement at the court of original trial of the witness H alone alone is insufficient to reverse this. Thus, the court below's finding the defendant guilty of the facts charged in this case based on the evidence at that time is acceptable, and the defendant's assertion of error

B. In full view of all matters concerning the determination of the argument of unfair sentencing, the circumstances leading to the Defendant’s indecent act in the instant case, the process thereafter, the degree of indecent act in the instant case, the relationship between the Defendant and the victim, the age and occupation of the Defendant, and the sentencing specified in the records and arguments of the instant case, the lower judgment’s punishment is deemed reasonable, and thus, the Defendant’s assertion on this part is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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