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(영문) 서울고등법원 2013.08.28 2013노1795
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. It is favorable to the defendant in light of the following: (a) the defendant was found to have committed a contingent crime by drinking in a singing room, and the defendant seems to have committed a crime by drinking in a singing room; (b) there is no criminal power against the defendant; (c) the defendant is responsible for the livelihood of the mother, wife, and married couple hospitalized in a brain color; (d) the victim was shotd in the court of the court below; and (e) the defendant deposited 2 million won for the victim at the time of the trial; and (e) the defendant deposited 2 million won for the victim.

On the other hand, the crime of this case was committed against the defendant, despite his refusal by the victim who is a singing voice, because the quality of the crime was poor due to the defendant's indecent act by force, and the degree of indecent act is not less severe, and the crime of this case was committed with the crime of this case, and the victim suffered a large mental suffering, such as suffering from a large sense of sexual humiliation and undergoing surgery, and the victim suffered a large mental suffering. The defendant asserted that he denied the crime up to the court of the court of the court below and made a false statement for the purpose of money, and that the victim did not reach an agreement with the victim, etc.

In addition, the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances after the crime, etc., and the sentencing criteria (the sentencing criteria) of the Sentencing Commission of the Supreme Court where the result of the bodily injury occurred, the criteria for sentencing of the sexual crime of the Sentencing Commission of the Supreme Court shall be subject to the age of 13 or more, and the injury or injury of the person under the age of 13 or more.

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