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(영문) 서울서부지방법원 2019.01.17 2018노1262
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not intentionally commit an indecent act against the victim.

B. The sentence of the lower court (a fine of 4 million won) is too unreasonable.

2. Determination

A. The victim made a statement that, from the police to the court of the court below, the Defendant resisted 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

On the other hand, according to the Defendant’s statement at the police station, the Defendant’s argument that there was no intention to commit an indecent act in light of the Defendant’s act, such as wing wing, etc., on the ground that: (a) under the influence of alcohol, the Defendant discussed in the club; (b) her day, her day was an employee and her day, and her day was frighted; and (c) the police box was not memoryed; and (d) thus, it is doubtful whether the Defendant

Defendant’s assertion of mistake is not accepted.

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing denies the crime up to the party’s trial, and did not receive a written indictment from the victim, on the other hand, the Defendant did not have criminal records, and the degree of indecent act is not more severe, and other various sentencing conditions such as the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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