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(영문) 서울동부지방법원 2016.05.26 2016노5
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is a foreigner, was aware that the victim was able to kis a kis on the part of the foreigner, and was kis on the part of the foreigner, with an indication of frightencing, and did not have an intention to kis on the part of the defendant.

Nevertheless, the lower court recognized the Defendant’s intentional act, and the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (1.5 million won, 24 hours’ completion of the course) is too unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in the lower court’s determination as to the assertion of fact, and the lower court had the intent to commit an indecent act against the Defendant while sufficiently explaining the reasons for the determination in detail.

The recognition was recognized.

The above judgment of the court below is just and it is not erroneous in the misapprehension of legal principles as to the defendant's assertion.

This part of the defendant's assertion is not accepted.

B. Although the Defendant had no record of having committed the same offense as to the wrongful determination of the sentencing, the Defendant’s assertion that sexual humiliation or aversion was unlikely to have been committed by a foreign victim, and that the degree of indecent act was not easy, the victim was willing to punish the Defendant, and in light of the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, this part of the Defendant’s assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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