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(영문) 청주지방법원 2019.10.25 2018노1556
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not make an indecent act by compulsion against the victim as stated in the instant facts charged.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing department, the sentence imposed by the lower court (a fine of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Although the lower court also asserted that the Defendant had the same purport as the allegation of misunderstanding of facts, the lower court rejected the Defendant’s assertion based on the credibility of the statements made by the victims, and recognized the facts charged in the instant case.

The above decision of the court below is just and acceptable, so the defendant's assertion of mistake of facts cannot be accepted.

(K) In light of the fact that it is difficult for K to believe the testimony as it is close to the Defendant, and that at the time, it is difficult to reverse the judgment of the court below as K’s testimony in view of the fact that it appears that K was unable to witness the instant case because it was not in the room where the Defendant and the victims were not continuously residing.

3. The lower court appears to have sentenced the Defendant to a punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

In full view of the aforementioned circumstances, there is no special circumstance where the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or where it is deemed unfair to maintain the sentencing of the lower court as it is, in full view of the motive, circumstance, result, result of the instant crime, the circumstances after the crime was committed, Defendant’s age, character and conduct, and criminal records, etc.

Therefore, we cannot accept the defendant's argument during the sentencing.

4. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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