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(영문) 서울중앙지방법원 2020.10.23 2019노4164
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The judgment of the court below that found the defendant guilty of the facts charged in this case although the defendant did not commit an indecent act against the victim was erroneous.

B. The court below erred in the misapprehension of legal principles by using the aforementioned evidence as evidence of conviction, although the video images, which were submitted by the prosecutor, as evidence of unlawful collection.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3 million, the order to complete a sexual assault treatment program 40 hours, and the three-year employment restriction order) is too unreasonable.

2. Determination

A. The court below made a mistake of facts and misunderstanding of legal principles in the court below's assertion identical to the above assertion, and explained in detail the grounds for the judgment. In light of the records and thorough comparison of the evidence of this case, the judgment of the court below is just and it is not recognized that there was an error of mistake of facts or misunderstanding of legal principles as argued by the defendant.

Therefore, the above argument of the defendant is without merit.

B. In full view of the circumstances revealed in the grounds for sentencing and various sentencing conditions indicated in the record, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion by excessively neglecting the lower court’s punishment.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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