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(영문) 서울중앙지방법원 2017.08.31 2017노2219
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) of the defendant did not commit an indecent act against the victim.

The punishment sentenced by the court below is too heavy.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the grounds indicated in its reasoning, and recognized the instant facts charged based on the evidence

When examining the reasoning of the court below closely with the records of this case, the judgment of the court below is justified, and the defendant's assertion of mistake pointing this out is without merit.

B. The degree of indecent conduct on the determination of unfair sentencing does not focus on the degree of indecent conduct, and the defendant does not have the same criminal record.

However, there is a lack of resistance against the defendant, and the crime is also bad in light of the details of the crime and the circumstances immediately after the crime.

There was no agreement with the victim.

In addition, in full view of all the sentencing conditions shown in the records of this case, including the defendant's age, sex, environment, and circumstances before and after the crime, the sentence sentenced by the court below is appropriate.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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