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(영문) 서울중앙지방법원 2015.10.16 2015노3091
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts with the victim.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine and 24 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, in particular according to the victim's investigative agency that can recognize credibility and the statement at the court of the court below, the defendant can sufficiently recognize the fact that he committed an indecent act against the victim as stated in the court below's decision

The defendant's assertion of mistake is without merit.

B. The extent of the instant indecent act on the assertion of unfair sentencing is not so severe, and the Defendant has no criminal record exceeding the same criminal record or fine, in addition to the fine due to the crime of this kind.

However, there is no special change in circumstances that the defendant did not receive a letter from the victim until now, and that the court below did not determine the punishment differently from the original judgment.

In addition, in full view of the motive, means and result 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 lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, 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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