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(영문) 서울북부지방법원 2017.12.21 2017노2007
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed an indecent act by force against the victims, the lower court convicted all of the charges of this case. In so determining, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court against the Defendant (eight months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of all the circumstances such as the reasoning of the lower court’s judgment and the evidence duly admitted and investigated by the lower court, the Defendant’s indecent act by force against the victims, such as the Defendant’s act of leashing and rhing the victims as stated in the facts constituting a crime in the lower judgment, can be acknowledged.

Therefore, the judgment of the court below did not err in the misapprehension of facts as alleged by the defendant, and the defendant's above assertion is without merit.

B. Examining the following circumstances: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, such as that the Defendant still did not agree with the victims on the unfair argument of sentencing; and (b) other various circumstances that are conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc. are committed, the lower court’s sentencing is determined within a reasonable and appropriate scope, and is not determined as unfair

3. In conclusion, 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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