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(영문) 서울중앙지방법원 2014.08.22 2014노1942
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant: misunderstanding of facts (not committing an indecent act against the victim) and unfair sentencing;

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below and the trial court as to the mistake of facts (in particular, the witness D's statement at the trial court), it is recognized that the defendant committed an indecent act, such as the entries in the facts charged in this case.

Furthermore, there is no evidence to acknowledge that the defendant has made a false confession in the investigative agency and the court of original trial.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts that affected the conclusion of the judgment.

We do not accept the defendant's assertion of mistake of facts.

B. As to the issue of unfair sentencing, even though the Defendant initially committed the instant crime, the sentence of the lower judgment is deemed to be reasonable in light of the following: (a) the details and contents of the instant crime; (b) the means and method of the crime; (c) the circumstances after the crime; (d) the degree of damage inflicted on the victim (in particular, the damage assessment appears to have not been recovered until now); (c) the age and family relationship of the Defendant; and (d) economic

The defendant's assertion of unfair sentencing is not accepted.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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