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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.04.16 2014노4480
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. In the absence of a fact that the Defendant committed indecent acts by force on the part of the victim C by rhyming the shoulder and shoulder of the victim C, or rhyming the victim D’s humbbbbbbs, etc., by taking advantage of the victim C’s losses, the lower court found the Defendant guilty of the facts charged based on each of the statements made by the said victims without credibility, thereby adversely affecting the conclusion of the judgment.

B. In light of the fact that each of the crimes in this case of unfair sentencing committed by the defendant under the influence of alcohol, the defendant did not have any record of punishment for the same kind of crime, and the defendant is aged as a basic living beneficiary, and must support his wife and his wife with a second-class marriage, etc., the sentence of the court below that sentenced fines of KRW 2,00,000 is too unreasonable.

2. Determination

A. The victim C and D’s statements on the assertion of mistake of facts are consistent with the contents of the statement from the investigative agency to the court of the court below, specific, and consistent with other evidence, such as the testimony in the court of the court below which arrested E and the defendant, and the contents of the statement are consistent.

Comprehensively taking account of the above victims C and D’s legal statements and other evidence duly admitted and investigated by the court below, it can be sufficiently recognized that the above victims committed an indecent act as decided by the court below.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error as alleged in the grounds of appeal

B. Each of the instant crimes on the assertion of unfair sentencing is committed repeatedly against an unspecified female in the subway train, which is a public place, within a short period of time, and the nature of the relevant crime is not good, and the victims have not recovered from damage to the trial.

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