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(영문) 서울북부지방법원 2016.12.15 2016노1449
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, while under the influence of alcohol, abused the victim’s breath in the permission of the victim, the Defendant did not commit an indecent act by drinking the victim as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. Even if the crime of quasi-indecent act by compulsion against the Defendant on the basis of unreasonable sentencing is established, the lower court’s sentencing (two years of suspended sentence for six months of imprisonment, and an order to attend sexual assault treatment lectures for forty hours) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the court below rejected the above assertion by the defendant and the defense counsel's assertion the same as the grounds for appeal of this case, and by making a detailed statement on the judgment, the court below rejected the above argument by comparing the above judgment with the records. In light of the above judgment of the court below, the judgment of the court below is just, and there is no error of law of mistake of facts

B. Although there are circumstances to consider the argument of unfair sentencing in light of the circumstances, including the fact that the defendant has no record of punishment for the same kind of crime, the court below determined the punishment in consideration of the above circumstances and there is no change in the circumstances or circumstances that may be newly considered in the sentencing after the decision of the court below, and the defendant committed an indecent act against a customer who is unable to resist under the influence of alcohol as an acting driver, and the nature of the crime is grave, and other circumstances that form the conditions for the argument and the sentencing indicated in the records of this case, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, are considered as being committed, the court below's sentence

3. Conclusion, the defendant.

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