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(영문) 서울중앙지방법원 2016.05.13 2016노440
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts and legal principles, the Defendant did not have awareness by drinking at the time of committing the crime.

Indecent conduct, there was no intention to commit an indecent conduct, or had a mental or physical loss.

must be viewed.

B. The punishment of the lower court is too heavy.

2. Determination

A. The same argument as to the assertion of misunderstanding the facts and misapprehension of the legal doctrine is based on the grounds indicated by the lower court and the following circumstances, which were revealed by the evidence examined by the lower court, and the Defendant had no or weak ability to distinguish things or make decisions at the time of committing the crime.

It is difficult to see, and it is recognized that the intention of prosecution has been also possessed.

① Examining the images at the time when the Defendant entered D Coinna, the Defendant, without any scambling scam, immediately left ahead of the calculation unit, exchanged with staff members and several Mad’s stories, paid the entrance fee accurately and paid the entrance fee in cash, and he scam the key, and scambling himself at the entrance of the soup uniform.

No one cannot see that he/she has taken a large amount of alcohol.

(2) Although there was almost little space in the second floor area at the time of committing the crime, the Defendant was able to enter the first place to the inside of the victim, who was in possession of the victim.

③ While the Defendant also knows at the police that the 2nd floor of the above letter or the 2nd floor of the water surface room in the above letter or inside is “ female water surface room,” the part that the 2nd floor is sleeped in the Gu seat is recognized.

④ Considering the physical condition, method, and duration of the criminal defendant’s indecent act against the victim, it does not seem that the criminal defendant’s body behind the locking will lead to a mistake of the victim.

B. In light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record, the lower court does not recognize that the sentencing is unfair.

3. The defendant's appeal is dismissed.

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