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(영문) 서울동부지방법원 2019.03.29 2018노1864
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant intentionally commits an indecent act against the victim regarding the facts charged by indecent act by compulsion.

② The Defendant came out in relation to the larceny case No. 2018 Godan2591 is not only a panty 3, but also a 2nd place, and there was no intention of unlawful acquisition.

Dob. The sentence imposed by the court below on the defendant (two years of imprisonment, forty hours of order, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Before the judgment on the grounds for appeal for ex officio determination, the prosecutor applied for changes in the indictment with regard to stolen goods from the trial on March 28, 2018 to “two panty panty 2 for women”, and the judgment of the court below is no longer maintained as it was changed by this court’s permission.

Nevertheless, the defendant's assertion that misunderstanding of facts is still subject to the judgment of this court, except for the part that steals only two panty pantysty, among the defendant's assertion.

B. The Defendant alleged that the lower court did not intentionally commit an indecent act against the victim in relation to the facts charged by indecent act by compulsion, and that the Defendant was merely bringing about the loss with respect to the larceny case No. 2018 Godan2591, and that there was no intention to illegally acquire women’s panty to intentionally steal them.

On the other hand, the court below rejected the defendant's above arguments with detailed reasons under the title "decision on the defendant's and his defense counsel's assertion", by integrating the evidence duly adopted and examined.

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