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(영문) 부산지방법원 2014.11.07 2014노2903
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the relationship between the defendant and the victim of mistake of facts, the judgment of the court below convicting the defendant of the facts charged of the indecent act in this case on the ground that the defendant's act did not objectively harm sexual sense or sexual morality.

B. Since the Defendant was under the influence of alcohol at the time of each of the instant crimes, and the Defendant did not have the ability to discern things or make decisions, the lower court erred by misapprehending the legal principles as to mental and physical disability or by misapprehending the legal principles.

C. The sentence of the lower judgment on unreasonable sentencing (one year of imprisonment, two years of suspended sentence, one year of probation, 16 hours of attending a course necessary for the prevention of recidivism of sexual crimes, and 24 hours of alcohol treatment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. According to the evidence duly adopted and examined by the court below, the defendant can find the fact that the defendant raised the above victim's bodily injury at around 21:00 on December 20, 2013 at the bar of the victim C's operation, and that the above defendant's act constitutes an act of causing sexual humiliation or aversion to the general public and violating good sexual morality, and thus infringing the above victim's sexual freedom. Thus, the court below's judgment convicting the defendant of this part of the facts charged is acceptable, and this part of the defendant's assertion is without merit.

B. According to the evidence duly admitted and investigated by the court below, the defendant was found to have performed alcohol at the time of each crime of this case, but the defendant did not have the ability to discern things or make decisions due to the fact.

Since it appears that there is no or weak state, this part of the defendant's assertion is without merit.

C. The assertion of unfair sentencing.

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