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(영문) 수원지방법원 2014.11.20 2014노2656
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. There is no fact that the defendant commits an indecent act against the victim by spreading the victim's chest and knife him/her, such as the summary of the grounds for appeal.

(M) In addition, it is unreasonable that the lower court’s punishment (two years of imprisonment, two years of suspended execution, eight hours of community service order, eight hours of attendance order of sexual assault therapy, eight hours of attendance order of sexual assault therapy) against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. The Defendant also asserted the same purport in the lower court as to the assertion of mistake on the charge of indecent act by compulsion. However, the lower court found the Defendant guilty of the part of indecent act by compulsion by compulsion by compulsion by force, and rejected the Defendant’s above assertion on the grounds of detailed reasons.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the indecent act by compulsion is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and the above argument

B. As to the assertion on unfair sentencing, the Defendant did not have the same type of criminal acts as the instant crime, the Defendant led himself/herself to a confession other than the indecent act by compulsion, and the Defendant is against himself/herself on November 22, 2013, and the judgment became final and conclusive on April 17, 2014, by having been sentenced to six months of imprisonment with prison labor and two years of suspended execution as a matter of adultery from the Suwon District Court’s Ansan Branch branch on November 22, 2013, as stated in the judgment of the lower court, and taking into account both cases where the crime of final and conclusive judgment and the instant crime together with the instant crime, the Defendant continues to deny the crime of indecent act by compulsion, and that the Defendant has to decide the punishment for the said crime, taking into account equity, and that he/she continues to commit the crime of indecent act by compulsion; that the victim who has maintained an internal relationship for a long time was dissatisfied with the request

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