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(영문) 부산지방법원 2019.05.31 2018노4505
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a situation where there is a husband of another customer and the victim, the defendant was only entitled to drink rice judgment, and there was no intention of indecent act by indecent act.

B. The lower court’s sentence of unreasonable sentencing (including a fine of six million won, etc.) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s determination of mistake, and the lower court rejected the Defendant’s above assertion on the grounds as indicated in its reasoning. The lower court’s aforementioned determination is justifiable in light of the evidence duly adopted and examined by the lower court and the content of its reasoning.

The defendant's assertion of mistake is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court did not change the sentencing conditions compared with the lower court’s failure to submit new sentencing data in the instant appellate trial. In full view of the reasons for sentencing revealed in the instant appellate trial, the lower court’s sentencing is too unreasonable, and thus, does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. 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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