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(영문) 서울북부지방법원 2014.12.04 2014노1251
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts of the crime in the judgment below, the Defendant convicted the Defendant of the facts of this case by misunderstanding the fact that he did not have committed an indecent act against the victim by taking advantage of the victim E’s right chest due to having failed to resist by taking advantage of the victim’s right chest, etc.

B. The sentence imposed by the lower court on the Defendant (the period of six months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below acknowledged the defendant as guilty on the facts in the case of this case after completing the examination of evidence by directly adopting the procedure for examining the victim E, etc., and considering other circumstances. It seems that maintaining the judgment of the court below as to the credibility of the statement of the witness E does not seem remarkably unfair, and it is just in the judgment of the court below that the defendant committed quasi-indecent act as stated in the facts in the case of this case. Thus, the defendant's assertion of mistake of facts is without merit.

B. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and behavior, environment, occupation, and family relationship, the sentence imposed by the lower court is too excessive in view of the following circumstances: (a) the Defendant did not deny the instant crime and did not agree with the victim; (b) the Defendant was punished by a fine on the same kind of crime around 2006; and (c) the Defendant’s motive and background leading up to the instant crime; (d) the Defendant’s age before and after the instant crime was committed; and

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