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(영문) 서울중앙지방법원 2017.06.22 2017노1321
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts committed an indecent act against the victim E in the former vehicle.

B. The lower court’s sentence that is unfair in sentencing (2 million won in penalty) is too unhued and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that there is no other evidence to acknowledge the facts charged on the part of the facts charged in the instant case, as to the indecent act in a densely concentrated public place, the statements made in the victim E, the investigative agency and the court of the latter F, which correspond to the facts charged, are difficult to believe or insufficient to recognize

Examining the evidence of this case, the above judgment of the court below is legitimate, and the prosecutor's allegation of mistake is without merit.

B. Although there are extenuating circumstances such as the Defendant’s failure to reach an agreement with the victim of the insulting crime, considering the following factors: (a) the Defendant’s erroneous recognition of and reflects the Defendant; (b) the Defendant did not have any criminal record for the same kind of crime; and (c) the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime; and (d) the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too una

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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