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(영문) 의정부지방법원 2015.06.23 2015노530
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 against the victim.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) With respect to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim consistently stated in the investigative agency and the court of the court below that “the defendant was in the way, using both arms after the victim himself, she was in the way to use at a canter.” ② The F submitted to the investigative agency a statement stating that “the defendant was in the direction of the victim she was inside and left behind the victim she was in the future. The defendant was her desire to go to go back to the police.” The E submitted to the investigation agency a statement stating that “The victim was in the way to go outside of the police and reported to the police by her desire.” The E had argued that “The victim was in the way to go outside of the police, and the victim was in the first time to go against the will of the defendant and reported to the police on a fighting match.” In light of the fact that the victim submitted a written statement stating that “The victim was able to use the victim by force.”

The defendant's above assertion is without merit. 2) Accordingly, the defendant's above assertion is not justified.

B. It is recognized that the Defendant has no record of the same kind of crime, economic circumstances are not good. However, considering the following circumstances, considering the fact that the Defendant denied the instant crime and did not repent of the mistake, the Defendant appears to have suffered considerable mental suffering due to the instant crime, and the Defendant did not agree with the victim, and other circumstances, which are conditions for sentencing specified in the instant argument, including the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable even if considering the above circumstances favorable to the Defendant.

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