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(영문) 서울남부지방법원 2014.08.21 2014노206
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the defendant by misunderstanding the facts, even though the defendant lest the victim would not get out of the victim of mistake, he did not have the chest, and even if the defendant's grandchildren contacted the victim's chest, it cannot be said that there was an intentional indecent act against the defendant as a fruit, even though it could not be said that there was an intentional act against the victim.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. In light of the fact that the court below's judgment on the assertion of mistake of facts is recognized by the evidence duly admitted and investigated by the court below, ① the defendant has consistently made a statement that the defendant fess of the victim fess of the victim to the extent that the fess of the victim will continue to exceed 10 minutes, ② in consideration of the relationship between the defendant and the victim, etc., there is no reason to gather the victim, ③ the defendant has directly observed the victim's chest, ③ the victim's husband has made a direct witness of the victim's chest, and the defendant has sufficiently been recognized that he committed the crime of indecent act like the facts charged in this case, so the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as argued by the

B. Considering the various sentencing conditions as indicated in the instant argument, such as the method of indecent act by force, the circumstances after the crime, and the Defendant’s age and character and conduct, the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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