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(영문) 부산지방법원 2020.05.15 2020노497
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not commit an indecent act against the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, etc.) is too unreasonable.

2. Determination

A. The following facts acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts: (a) the victim made a specific and consistent statement at an investigative agency on the facts of damage, the circumstances of the case, and the situation before and after the occurrence of the case; and (b) the victim’s statement is not inconsistent in light of the empirical rule in light of the fact that there is no part inconsistent with the victim’s statement in itself; and (c) the victim reported the damage to the police immediately after the occurrence of the case, taking into account natural circumstances,

The defendant's assertion of mistake is without merit.

B. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by taking into account the favorable circumstances and unfavorable circumstances for the Defendant as above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, the Act on December 11, 2018, which is the Act on Welfare of Persons with Disabilities, No. 1 and 2 of the lower judgment.

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