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서울동부지방법원 2017.07.13 2017노178
강제추행미수
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.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court, as stated in its reasoning, fully recognizes the fact that the Defendant attempted to catch the victim’s grandchildren and leave the chest, but attempted to commit the crime.

The above assertion by the defendant is without merit.

B. Although the crime of determining the illegality of sentencing is committed on the attempted crime, and the defendant is deemed to have no record of punishment of the same kind, the defendant denies the crime and has a strong reflective nature.

Examining all the sentencing conditions indicated in the argument of this case, such as the fact that it is difficult to see from the injured, the fact that he was unable to receive a letter from the injured, the age, sex, family environment of the accused, the background and result of the crime of this case, and the subsequent circumstances, it is not recognized that the sentence of the court below is too large and unfair. Thus, the above argument by the defendant is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.