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(영문) 울산지방법원 2014.12.19 2014노832
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In misunderstanding of facts, the defendant only called the two arms in a lelele or a water surface room, and did not commit an indecent act by deceiving the sexual organ of the victim.

In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too unreasonable.

In the judgment of the court below as to the assertion of mistake of facts, the court below rejected the above assertion in light of the following: the defendant made the same assertion as the reasons for appeal in this part of this part; the court below made a specific and consistent statement of the victim; the defendant was in covered by the Lee Doe and the body of the water; the defendant was in a water surface room used for the purpose of use, and the defendant seems to have no reason to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

Considering the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of committing a crime, motive and background of a crime, circumstances after a crime, and the range of recommended sentences in the sentencing guidelines (a year or less), etc., comprehensively considering the following factors: (a) the sentence imposed by the lower court on the Defendant is deemed reasonable; and (b) the Defendant’s allegation of unfair sentencing is unreasonable on the ground that it is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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