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(영문) 인천지방법원 2015.10.16 2015노1158
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million, and a sexual assault treatment program of KRW 400,000) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① the victim stated to the effect that, from the investigative agency to the court of the court of the court below, the defendant she saw him/ her to her to her her to her to her to her own, and her left her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her after the instant case; ② the victim stated that the victim her to her to her to her to her to her to her to her to her to her to her to her to her.

3. The severity of indecent act on the assertion of unfair sentencing is relatively minor, and the defendant has no record of criminal punishment in the Republic of Korea, etc. However, the punishment determined by the court below seems to have taken into account all favorable circumstances for the defendant, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the sentence of the court below.

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