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(영문) 대전지방법원 2015.08.19 2015노1421
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim G, such as the charge No. 3.

Nevertheless, the judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. In the judgment of the court below as to the assertion of mistake of facts, the court below rejected the above assertion based on diverse circumstances as stated in Article 2 (2) of the "Decision on the Defendant's and his defense counsel's assertion". If the court below's above judgment is examined closely by comparing the above judgment with records, the judgment of the court below which found the Defendant guilty of the relevant part of the facts charged against the Defendant is just, and it is not erroneous in the misapprehension of legal principles as alleged by the Defendant. Thus, the above argument of mistake of facts is rejected.

3. As to the assertion of unfair sentencing, the Defendant’s denial of part of the facts charged up until now, the degree of indecent act against the victim G is serious, and the Defendant’s past records of suspended execution once as a type of crime and 11 times of fine are disadvantageous to the Defendant.

However, the fact that the defendant was placed at the time of the trial, that there was an agreement with the victims about partial charges, that there was no record of punishment for sexual crimes, that there was an opportunity to reflect on the detention for about four months in the instant case, and that the social relationship between the defendant and the defendant seems to be relatively obvious is the circumstances favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, situation before and after the crime, etc., and the Supreme Court.

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