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(영문) 서울동부지방법원 2016.07.14 2016노608
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, is a flat beer, and the Defendant she saw the narrow bus and other bridge up to the narrow bus at the time of the instant case, and knee, caused the Defendant’s bucks and kneeeee, and the Defendant’s hand, etc. contacted the victim’s bucks.

The judgment of the court below which found the defendant guilty, in the absence of an indecent act against the victim as stated in the facts charged of this case, is erroneous in the misapprehension of the judgment.

B. The sentence sentenced by the court below to the defendant (6 months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. The Defendant alleged the same grounds for appeal even in the lower court, and the lower court, while explaining the reasons for judgment in detail at the bottom of “a summary of evidence”, acknowledged the fact that the Defendant was bucking down the victim’s right-hand hand and her bucks around the victim’s her bucks in front of the victim’s bucks.

The above judgment of the court below is just and there is no illegality of misconception of facts alleged by the defendant.

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

B. The following are the circumstances that are disadvantageous to the Defendant: (a) there was a history of being sentenced to suspended sentence due to the same kind of crime as the Defendant’s criminal act of a similar method (e.g., an indecent act, such as making soup in a soup, taking the hands out with the victim’s reflector, etc.); and (b) the Defendant’s rejection of the extreme crime and the intention of amendment is not apparent.

However, the defendant agreed with the victim in this court and the victim did not want the punishment of the defendant. The above previous conviction was ten years from the day of around 2004, and the defendant was not punished for the same kind of crime until before he committed the crime of this case. The behavior of the indecent act of this case, the age, sex, family environment, and the crime are committed.

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