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(영문) 부산지방법원 2019.01.25 2018노2952
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (a factual mistake, and an unreasonable sentencing) did not commit an indecent act against D, such as a mistake of facts in the facts charged. 2) The lower court’s sentence of unfair sentencing (a prison term of eight months, a suspended sentence of two years, an order to complete sexual assault treatment programs, and an order to provide community service 80 hours) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The Defendant also asserted the same assertion as the grounds for appeal in this part of the judgment of the court below, and the court below rejected the above assertion in detail on the grounds of the judgment under the title “determination of the Defendant and the defense counsel’s assertion”.

Examining the reasoning of the judgment of the court below closely by comparing it with the records, the judgment of the court below is just and acceptable, and there is no violation of law of mistake of facts as alleged by the defendant.

B. We examine both the defendant and prosecutor’s assertion of unfair sentencing.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of indecent act by compulsion against the victim E and the crime of unlawful uttering of official document are recognized and contradictory to this, and the victim E and the victim do not want punishment against the defendant, and there is no record of criminal punishment exceeding the fine.

However, the instant crime committed, however, committed an indecent act by deceiving two women's chests at a club, and by being investigated by the police station for this reason, presented another person's driver's license who is requested by the police officer to present an identification card, and the nature and circumstances of the crime are inferior, and committed an offense against the victim D.

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