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(영문) 서울북부지방법원 2020.06.11 2019노2118
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that there is an indecent act against the victim, such as the facts charged, even though there is a misunderstanding of the fact that the defendant was seated in the seat of the defendant, and the victim who was seated next to the end of the moment that he left the base.

B. The lower court’s sentence of an unreasonable sentencing (3 million won of fine, 40 hours of order to complete a program) imposed on the Defendant is too unreasonable.

2. Determination

A. The Defendant also argued the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court determined that the statements made by the victim and the victim were reliable in light of the same circumstances as the statements, and found the Defendant guilty of the facts charged in this case.

Examining the reasoning of conviction in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and the defendant's assertion of mistake of facts is without merit.

B. Examining the background leading to, or method of, the instant crime and the circumstances before and after the instant crime, etc., the determination of sentencing by the lower court is not deemed to have exceeded the reasonable scope of discretion, and there is no special change in circumstances that make it possible for the lower court to change the sentence in the final trial.

The defendant's assertion of unfair sentencing is without merit.

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

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