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(영문) 서울중앙지방법원 2015.04.17 2014노5239
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular, according to the victim E's investigation agency that can recognize credibility and the statement at court of the court below, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the court below's decision.

Therefore, Defendant’s assertion is without merit.

B. The defendant has no record of punishment of the same kind or imprisonment without prison labor or more.

However, there has not been an agreement with the victim until now, and there has been no special changes in circumstances to determine the punishment differently from the original trial.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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