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(영문) 광주지방법원 2015.10.14 2015노661
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case where the Defendant discovered the victim at the location of this case and proposed the victim to drink together, there was a fact that the Defendant reported to the police when the victim was assaulted by the Defendant, but did not commit an indecent act, such as taking the victim's her tam, etc.

B. The lower court’s sentence of unreasonable sentencing (the fine of 5 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s evidence duly admitted and investigated on the assertion of mistake of facts, namely, the victim consistently testified from the investigation stage to the lower court that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her

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

B. The extent of an indecent act on the assertion of unfair sentencing is not relatively more severe, and the victim does not want to punish the defendant, while the defendant has been sentenced to a suspended sentence of 4 years and 6 months due to the crime of violation of the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, Injury by Rape, etc.) in 204. In addition, considering the circumstances leading to the instant crime, the circumstances after the instant crime, the defendant's age, character and conduct, environment, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

3. If so, the defendant's appeal is justified.

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