(영문) 서울중앙지방법원 2015.05.22 2015노273

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(영문) 서울중앙지방법원 2015.05.22 2015노273

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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 as stated in the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine and 32 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the facts charged that the Defendant committed an indecent act at an open space, such as the statement in the lower judgment, after directly undergoing the examination procedure for the witness examination of the victim C and C police officer D, and recognizing its credibility.

In the investigative agency and the court of original instance, the victim consistently stated in the investigative agency and the court of original instance that “the defendant was feld with the victim’s body, contacted the victim’s her her m, and returned the her mar, and expressed his her her mar to the left body,” and that “The victim was feld with the victim’s body, even though the victim moved to the left body, the Defendant was her body again attached,” and that the control police officer also stated in the court of original instance that “the Defendant was feld with the victim’s kel in the future, and the victim was feld with the victim’s right bel.” In light of the fact that the victim stated in the court of original instance to the same purport as the victim, the judgment of the court of original instance

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.

The defendant's assertion of mistake is without merit.

B. The Defendant’s primary charge is against the assertion on unreasonable sentencing.

However, it is difficult to see that the defendant's mistake has been divided, it has not been agreed with the victim until now, and there is no special change in circumstances that determine punishment differently from the original judgment in the trial.

In addition, the defendant's age, character and conduct, environment, health status, previous conviction, and circumstances after the crime are revealed in the records.

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