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(영문) 서울중앙지방법원 2015.06.19 2015노502
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion by force against the victim’s her butt.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 2.5 million, the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, including the police statement against the victim of a mistake of fact, the fact that the defendant committed indecent act by compulsion is sufficiently recognized as stated in the judgment below.

The defendant's assertion of mistake is without merit.

B. A favorable circumstance is that the Defendant agreed with the victim to determine the allegation of unfair sentencing, and that there is no criminal power in the same kind of crime.

However, the crime of this case is not against the nature of the crime due to the indecent act by compulsion after the victim's her m, who was on the way of the defendant, met voluntarily in the lower part of the victim.

Nevertheless, the Defendant denied the crime of this case, while putting the victim at the beer and fright, did not seem to be a reflective light, such as the fact that the victim was trying to escape from an excessive reaction of the Defendant while criticisming the Defendant.

In addition, in full view of the criminal means and results of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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