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(영문) 서울고등법원 2016.08.19 2016노1556
성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was guilty of committing a special robbery against the victim, the Defendant did not have committed an indecent act by force against the victim.

B. The punishment of the lower court (one hundred years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the lower court does not seem to have any circumstance that may give rise to doubt that the victim’s statement is specific, consistent and correct.

According to the statements of the victim with credibility, the defendant was found to have committed an indecent act by force after committing a special robbery against the victim.

In full view of each evidence duly admitted and investigated by the court below, the above judgment of the court below is just, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized that the crime of special robbery among the instant crimes was committed by the Defendant; (b) the Defendant’s mistake is against himself/herself; (c) the amount taken by the Defendant was not much much from the damaged; and (d) the time was relatively short that the Defendant inflicted injury on

The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant prepared a deadly weapon in advance and entered a sports marina business place operated by the victim by pretending the customer at night; (b) taking property and forcibly committing an indecent act against the victim; (c) the crime of this case is committed during the period of repeated crime for which three months have not yet passed since the defendant recovered from prison and released from prison due to special robbery; (d) the victim is deemed to have suffered heavy mental pain due to the crime of this case; and (e) the defendant has not made any effort to recover from the victim’s damage.

The above circumstances are as follows.

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