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(영문) 서울중앙지방법원 2017.12.14 2017노3902
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have an intention to commit an indecent act by mistake of facts or by mistake of legal principles.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness.

(c)

Sentencing is unfair because the sentence of the lower court (4 million won) is too unreasonable.

2. Determination

A. In full view of the motive and method of committing the instant crime, physical part of the victim who contacted the Defendant, the Defendant’s act before and after the commission of the crime, etc. acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, it is recognized that the Defendant committed an indecent act.

This part of the defendant's assertion is without merit.

B. In full view of the background and method of the instant crime, the Defendant’s act before and after the instant crime was committed, and the circumstances after the instant crime were revealed by the evidence duly adopted and examined by the lower court, the Defendant was in a state where the ability to discern things or make decisions was lost or weak at the time of the instant crime.

does not appear.

This part of the defendant's assertion is without merit.

(c)

In comparison with the judgment of the court below on the unfair argument of sentencing, there is no change in the conditions of sentencing compared with the judgment of the court below, and considering the circumstances favorable to the defendant as stated by the court below, the circumstances unfavorable to him, and the various conditions of sentencing specified in the records and arguments of this case, the sentence of

3. The defendant's appeal is dismissed on the ground that it is without merit.

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