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(영문) 서울중앙지방법원 2015.07.10 2015노1097
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant case, the Defendant, while drinking alcohol at the time of the instant case and drinking mental therapy, was in contact with the body of the victim, and there was no intention to commit an indecent act against the victim.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and examined by the court below, and the E’s investigation agency that can recognize the credibility, in particular, the credibility, and the statement at court of the court below, the defendant can sufficiently recognize the fact that the defendant has committed an indecent act against the victim by his/her intent to commit an indecent act as stated in the judgment below.

Therefore, Defendant’s assertion is without merit.

B. The Defendant has no record of punishment for the last ten years.

However, there is no special change in circumstances that the defendant did not receive a letter from the victim until now, and that the court below did not determine the punishment differently from the original judgment.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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