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(영문) 서울남부지방법원 2014.06.12 2013노1869
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in the instant case, convicted the Defendant by mistake of the fact, even though there was no fact that the victim had a negative or chest, such as that of the victim.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the witness E’s legal statement of the party witness E, since it is sufficiently recognized that the defendant committed the crime of indecent act by force, such as the entries in the facts charged in this case, the court below’s judgment of conviction on the above facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. In light of the following: (a) the Defendant’s provision of marina services in return for payment and the victim’s reliance on reliance on reliance on reliance on reliance on her body does not go against the end of the commission; and (b) other various sentencing conditions as indicated in the instant pleadings, including the method of the instant crime, the circumstances after the commission of the crime, and the Defendant’s age and character and conduct, the sentence imposed by the lower court is not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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