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(영문) 부산지방법원 2020.04.24 2020노623
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while pointing the stairs, committed an indecent act on the part of the victim by force, such as deceiving or sparing the victim’s sexual intercourse, although the victim’s sexual intercourse was less her mar and mar, as stated in the facts charged in the instant case.

B. The sentence of unfair sentencing (one-month imprisonment, etc.) by the lower court is too unreasonable.

2. Determination

A. The circumstances found by the court below's decision on the assertion of mistake of facts are as follows. The witness E of the court below, which had observed the site of this case at the time of being duly adopted and examined by the court below, also includes a witness E of the court below, who was a witness of this case, as well as a witness E of the court below who was a witness of this case at the time, to put him in his hands. Therefore, since the following should be set up, it is necessary to see the son's walk after the last being listed in the stairs. Therefore, it is necessary to see whether the defendant was infinite, because the defendant was going back later, and her walk." "At that time, the defendant was going back according to the stairs from the rear, and her son was her son, and the defendant was able to use her her son's son, and there is no error of mistake of fact as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by taking into account the favorable circumstances and unfavorable circumstances for the Defendant as above.

In full view of all the circumstances that are conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the original court’s punishment.

In addition, the sentencing grounds revealed in the proceedings of this case, such as the defendant's age, environment, circumstances and results of the crime, etc., are considered as a whole.

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