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(영문) 인천지방법원 2014.11.07 2014노2583
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have committed an indecent act by intentionally deceiving the victim’s her butt.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000,000 and 40 hours’ order to complete a program) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

B. In light of the following circumstances acknowledged by evidence duly admitted and investigated by the court below and the court below, i.e., ① there are no circumstances to deem that the victim was aware of the defendant, and there is no other person’s mistake as the defendant in view of the circumstances leading to the designation of the offender, the credibility of the victim’s statement appears to be high, ② G and E’s statements are also consistent with the victim’s statement, ③ the defendant also committed a crime at the court below, the fact that the defendant committed an indecent act by deceiving her her her her her her her her her her her her her her her her her her her her her her her

3. The fact that the defendant had no record of punishment for the same kind of crime is favorable to the defendant.

However, the instant crime is an indecent act committed by the Defendant by assaulting the victim in a mixed club. In light of the criminal history and method, the nature of the crime is bad in light of the circumstances and methods of the crime, and other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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