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(영문) 서울중앙지방법원 2015.08.21 2015노1265
강제추행
Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine not exceeding 1.5 million won.

3. The defendant does not pay a fine;

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit an indecent act against the victim, and there is no fact that the victim’s her maret. as stated in the lower judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. We examine ex officio the defendant's grounds for appeal prior to the judgment.

In the trial court, the prosecutor requested to change part of the facts charged on an exchange basis, and since the subject of the judgment was changed by this court's permission, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. The lower court rejected the Defendant’s assertion on the same argument as the Defendant’s grounds for appeal.

Examining the records in comparison with the evidence duly admitted and examined by the court below, such judgment of the court below is just, and the defendant can sufficiently recognize the fact that he commits an indecent act by making the victim's her tum with his intention to commit an indecent act, as stated in the victim's tum.

Therefore, Defendant’s assertion is without merit.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above judgment of the court below is a ground for reversal of authority as seen above.

The facts of the crime and the summary of the evidence admitted by this court are as stated in the judgment of the court below, in addition to the fact of the crime in the judgment of the court below, that “the victim had only once her but not her but her but her but her only once her but her but her but her,” and that the part of the facts of the crime in the judgment of the court below as stated in the judgment of the court below,

Application of Statutes

1. Relevant Article 298 of the Criminal Act regarding the facts of crime, the choice of punishment, and the choice of fine.

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