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(영문) 서울동부지방법원 2015.10.15 2015노843
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence (two million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below in determining the assertion of mistake of facts, namely, ① the victim’s statement that he committed an indecent act, such as the statement in the facts charged, is consistent with the victim’s statement from an investigation agency to the court of the court below; ② the defendant made a statement to the effect that he did not have any motive to dismiss the defendant; ② the defendant made a statement to the effect that he did not recognize all the facts of the crime at the police investigation stage; ② his statement is inconsistent by denying the crime at the prosecutor’s investigation stage; and there is no credibility in the statement because there is no reason to obtain the statement; ③ the defendant and the victim did not have any good reason to obtain the statement; ③ the restaurant manager of the defendant and the victim discovered that the victim’s statement was not good on the day of the crime of this case, and confirmed the victim’s reasoning first; ④ during that process, the victim’s statement was confirmed by the indecent act of the defendant, and ④ on that day, the defendant did not respond to the above facts charged, thereby finding the defendant guilty.

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

B. The primary crime without criminal records on the assertion of unfair sentencing, and the fact that the degree of indecent act was relatively minor is favorable to the defendant.

On the other hand, this is.

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