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(영문) 서울중앙지방법원 2018.04.12 2018노59
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal - misunderstanding of facts or misunderstanding of legal principles and improper sentencing

A. Fact-misunderstanding or misunderstanding of the legal principles 1) “Iskys of kys of islands”

The phrase " does not mean that the Defendant had 30 minutes prior to the victim's knife the victim's hand, and did not have knife the victim's hand.

2) The Defendant did not say that “the victim is only able to: but does not need to do so.”

However, there is only the fact that “the following is miscellaneous, but is essential”.

3) The Defendant did not have the victim’s grandchildren, but did not have the victim’s intention to commit an indecent act by committing an indecent act.

4) As above, the court below erred by misapprehending the legal principles against the rules of evidence or by misapprehending the rules of evidence with regard to the determination of intention.

B. Even if the sentencing is recognized to be guilty against the Defendant, in light of various circumstances, such as the Defendant’s previous conviction or indecent act, the sentence imposed by the lower court (amount to KRW 700,000 and KRW 40 hours’ order for sexual assault treatment programs) is excessively unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant recognized the fact that he committed an indecent act against the victim as stated in the facts charged, and the defendant also had the intent to commit an indecent act

Therefore, the court below did not err in the misapprehension of legal principles by misunderstanding facts or violating the rules of evidence.

2) However, contrary to the Defendant’s assertion, the Defendant’s “Isked and unclaimed to the Victim”

It is true that there is an interval of time between the Defendant and the Defendant’s act of deceiving the victim’s grandchildren to a certain extent, but it does not affect the Defendant’s finding guilty of the facts charged in this case.

B. As to the wrongful assertion of sentencing, 1) The fact that the Defendant had lived faithfully before the instant crime was committed without any particular conviction and is relatively indecent act.

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