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(영문) 서울남부지방법원 2016.09.23 2016노1268
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination ① There is no record of punishment for the same crime, and the fact that the defendant recognizes the crime of this case is favorable.

② However, in full view of all the circumstances, including the fact that the Defendant is liable for the safety of passengers, and that the victim, who is a passenger who could not properly resist the fear of rape at the latest, scarcitys and commits indecent acts, etc., the crime of this case, the victim appears to have caused considerable mental impulse and sexual humiliation, the victim appears to have caused the victim to feel sexual humiliation and sexual humiliation, the Defendant’s severe punishment was sought, there is no change in circumstances that may be additionally reflected in the sentencing after the pronouncement of the lower judgment, and the sentencing conditions, such as the background, means, result, and the circumstances after the crime of this case, the sentence of the lower court cannot be deemed to be unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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