logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.26 2019노1002
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit an indecent act against the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of three million won, etc.) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, i.e., (i) the CCTV image clearly shows that the Defendant reported the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her

Therefore, the defendant's assertion of mistake is without merit.

B. The instant crime on the assertion of unfair sentencing is an indecent act committed by the Defendant on the part of the victim, who was her tumb B B, by coercioning the victim when her tumbbb, and the relevant criminal liability is heavy.

The victim seems to feel sexual humiliation and have suffered mental suffering due to the crime of this case.

In the appellate trial, the defendant does not seem to be able to deny the crime and reflect it.

However, the defendant has no record of being punished for the same crime, and the victim expressed his intention that he would not want the punishment of the defendant in the appellate court.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. The appeal by the defendant is with merit, and Criminal Procedure Act.

arrow