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(영문) 서울서부지방법원 2015.12.03 2015노1343
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion as stated in the facts charged, and even if the Defendant’s grandchildren were to have committed an indecent act by compulsion, the Defendant cannot be said to have committed an indecent act by compulsion. Therefore, the lower court erred by misapprehending the legal doctrine on the part of the Defendant.

B. The sentence of the lower court’s unreasonable sentencing (the fine of 5 million won and the completion of a sexual assault treatment program) is too heavy.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, it can be acknowledged that the defendant delivered the victim's chest as stated in the judgment of the court below, and committed indecent act by compulsion against the defendant at the time.

This part of the defendant's assertion is without merit.

1) The victim since the investigative agency and the court of the court below consistently stated that he was at the time of the occurrence of the instant case, who was living in the victim from the defendant's body, and who was unsatisfing the victim's left chest outside of his clothes, and the defendant was satisfing him by unsatisfing him. The defendant immediately resisted the defendant, and the defendant was satisfing the defendant's chest even to his mother. The victim's statement is highly reliable in relation to the facts of indecent act because it is consistent with specific and important parts as to the circumstances at the time of the instant case. (ii) The victim's statements are found in the room at the time of the instant case, and the defendant's chest was stored in the defendant's chest, making a statement consistent with the victim's statement by making a statement that there was a proper fact that the victim was satisfing the victim's chest.

B. As to the assertion on unfair sentencing, the Defendant is only punished by a fine for driving without a license in 2009, and the degree of indecent act would be the same.

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