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(영문) 의정부지방법원 2016.12.13 2016노2774
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, 40 hours of sexual assault therapy, and 200 hours of community service) of the lower court is too unreasonable;

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the court below agreed with the victim.

B. However, in full view of the following circumstances: (a) the Defendant committed an indecent act against female passengers in the subway train that is a public place; (b) the Defendant committed an indecent act against the victim’s sexual intercourse; (c) the Defendant committed an indecent act against the victim’s sexual intercourse; (d) the degree of the indecent act is not somewhat weak; (c) the Defendant was sentenced to a fine for the same kind of crime; (d) the Defendant had the record of being sentenced to a fine; (e) the victim was present and testified in the court by denying the crime at the court; and (e) other circumstances that are favorable to the Defendant in the instant pleadings, such as the Defendant’s age, details of the crime; and (e) the circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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