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(영문) 서울서부지방법원 2015.09.17 2015노538
강제추행
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 as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too minor.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the trial court as to the assertion of mistake of fact, in particular, according to the consistent and detailed statement of the victim's investigative agency, the court below, and the trial court, it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court below.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant’s failure to impose a fine in violation of the Building Act prior to 35 years is an element of sentencing favorable to the Defendant.

However, the fact that the defendant denies and does not reflect his criminal act until the trial of the court, that there is no agreement with the victim, and that there is no changed circumstance after the judgment of the court of the court below is an element of sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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