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(영문) 의정부지방법원 2017.01.17 2016노3308
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by force against the victim F.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below. The victim F stated in the court of the court below that "the defendant was only flick as to the upper part of his left chest in the defendant's hand (see the 47th page of the trial record)," and the witness C stated in the court of the court below that "I would know whether he was a handful hand of the defendant's left chest, but he was obviously on the part of the victim F (see the 67th page of the trial record)," that the defendant was flick, and there was no fact that he was flicking the chest, and even if he was flick on the chest, there was no intention to walk the chest."

However, in light of the fact that the Defendant stated that “the victim F and witness C is the same as bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and that “the victim F were delivered the chest of the victim F” (see the 47th page and 67th page of the trial record), the Defendant may fully recognize the fact that the Defendant committed an indecent act against the victim F as stated in the facts constituting the crime in the judgment below.

2) Therefore, the Defendant’s assertion of mistake is without merit.

B. Determination 1 on the unfair argument of sentencing is recognized as follows: (a) the fact that the defendant committed the crime of assault and damage to property is recognized; and (b) the fact that the victim G and the lower court agreed with

2) However, the Defendant committed the instant crime during the period of suspension of execution due to the Defendant’s denial of a part of the crime and not against himself, the degree of prosecution is serious, the Defendant did not agree with the Victim F, the Defendant did not recover damage, the Defendant had three criminal records of violence, and the Defendant committed the instant crime during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act.

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