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(영문) 창원지방법원 2017.11.23 2017노2297
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding: The Defendant did not commit any indecent act by force against the victim E, and accordingly, the part of the accusation against E (indecent act part) is not false.

B. Improper sentencing: The punishment of the lower judgment (the completion of sexual assault treatment programs with a prison term of one year and two months, and forty hours) is too heavy.

2. Determination

A. The lower court also asserted the same as the grounds for appeal on this part, and the lower court rejected the allegation on the grounds in detail.

Inasmuch as the lower court’s judgment is consistent with the record and closely examined, the Defendant’s assertion is without merit (the victim E and witness H (the victim is the victim of the crime of assault)). As such, there seems to be no motive for false statement.

In addition, the victim E does not have any previous criminal record, and the witness H merely received a fine of 1,50,000 won due to the fact that he/she committed an indecent act on one occasion in around 2012 when he/she took care of the other party, and when he/she took care of his/her abusive act in around 2012, and he/she took care of the other party, and he/she did not seem to have made any misunderstanding of the defendant's behavior simply in light of his/her on-site behavior. (b) The unfair sentence of punishment is found to have been committed in the first instance, except for the crime of indecent act and the crime of intimidation, and the crime of intimidation and bodily injury, there are circumstances that may be partial consideration of the crime, and the victim of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) agreement with the court below, but there are favorable grounds for sentencing, such as having committed an indecent act at night, and the defendant did not have any mental suffering of the victim himself/herself.

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