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(영문) 서울중앙지방법원 2018.03.30 2017노4552
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the part and degree of physical contact with the victim as to the misunderstanding of fact, the Defendant’s intellectual ability, etc., the lower court erred by misapprehending the fact, even though the Defendant did not have the body of the victim due to his criminal intent.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 3 million, the order to complete a sexual assault treatment program with 24 hours) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of facts is acknowledged by the evidence duly adopted and investigated by the court below. The victim intentionally stated at an investigative agency that the defendant was faced with the victim's body and the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair argument of sentencing.

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