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(영문) 서울북부지방법원 2016.08.25 2015노2319
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant (1) did not commit an indecent act against the victim as stated in the facts constituting the crime in the judgment below, the court below convicted Defendant of the facts charged in this case by misunderstanding the facts.

(2) The sentence (6 months of imprisonment, 2 years of suspended execution, and 80 hours of order to attend a course) sentenced by the lower court against the Defendant is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Judgment on the grounds for appeal

A. We examine the judgment on the defendant's assertion of mistake of facts. The court below rejected the above assertion by stating in detail the defendant's assertion and his defense counsel's decision on the same grounds as the grounds for appeal of this case at the court below. In light of the above judgment of the court below compared with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. Under the determination of the unfair sentencing of the Defendant and the Prosecutor, the determination of the sentencing of the Defendant and the Prosecutor is also justifiable.

In light of the circumstances favorable to the defendant, such as the fact that there is no criminal history of punishment for the defendant, the victim appears to have suffered considerable mental pain due to the crime of this case, the fact that the defendant did not receive a letter from the injured party, and other circumstances, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be unfair because it is too heavy or uneasible to the defendant.

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