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(영문) 대구지방법원 2018.11.30 2018노2785
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a dismissal judgment regarding the charge of assault and assault, and rendered a judgment of conviction regarding the charge of forced indecent conduct.

However, only the defendant appealed against the guilty portion, and the dismissal part of the judgment below became final and conclusive separately as it is.

Therefore, the scope of this court is limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. The Defendant did not have any misunderstanding of facts and misapprehension of the legal doctrine, nor did the victim have her traw.

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

B. The sentence sentenced by the court below to the defendant (the punishment amounting to five million won, and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

3. Determination

A. The Defendant, at the lower court, made the same assertion as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion in detail, following the summary of the evidence, following the Defendant’s assertion and judgment.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and acceptable, and even if the evidence additionally submitted by the defendant is added in the trial, there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the degree of indecent act in this case’s sentencing is relatively not much severe, that the defendant agreed with the victim that the injured person does not want the punishment of the defendant, and that the defendant has no criminal history of the same kind.

However, it is recognized that the defendant's denial of the crime up to the truth of the party and the victim seems to have caused considerable sexual humiliation due to the crime of this case.

In addition, the age, sex, environment, and age of the defendant;

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