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(영문) 의정부지방법원 2015.06.30 2015노852
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant, who sits in the side seat of the victim, made the victim salvies his/her two legs to be salved, there is no indecent act by doing an act salving the victim’s salleg or driving the bridge.

B. The lower court’s sentence of unreasonable sentencing (including a fine of three million won, and completion of a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is 1) the following circumstances which can be acknowledged by the evidence duly adopted and examined by the court below, 1) the defendant stated that the defendant "I will move to the back seat of the victim," 1) the passenger who was seated in the victim's side seat immediately moves to the side seat of the victim, 2) the victim knew that "I am bluth because I am bluth because I am bluth because I am bluth because I am bluth because I am bluth because I am bluth, I am bluth, and we am bluth, and we expect the defendant's body." The defendant stated that "I will go to the back seat", 3) the defendant stated that "I will move to the back seat of the victim," but it was hard to find the defendant guilty in light of the circumstances and the circumstances of the defendant's act in this case's testimony and other relevant facts charged."

B. The crime of this case 1 on the assertion of unfair sentencing is deemed to have committed an indecent act by moving the victim to the next seat of the victim, who was locked in the bus, in light of the content and circumstances of the crime, and is not good in light of the nature of the crime, and the displeasure and aversion that the victim was suffering from the crime of this case.

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