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(영문) 수원지방법원 2014.12.11 2014노2977
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, who is a taxi driver, committed an indecent act against the victim, such as kneeing the victim's knee part that he was divinged to shoulder the victim who is the passenger to check the destination, although he did not commit an indecent act against the victim, as described in the facts charged.

(M) In addition, the lower court’s punishment (a fine of 5 million won, and 8 hours of program completion for sexual assault treatment) against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. The Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty by integrating the evidence duly adopted and examined, and rejected the Defendant’s allegation on the grounds of detailed reasons.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below is just, and it cannot be said that there is an error of law affecting the conclusion of the judgment by misunderstanding the facts, and the above assertion by

B. As to the assertion on unfair sentencing, considering the following circumstances: (a) the Defendant did not have a criminal record of the same kind as the instant crime; (b) the Defendant was committed contingently; (c) the Defendant’s favorable circumstances favorable to the Defendant, such as the denial of the Defendant’s crime; and (d) the background, method, and consequence of the indecent act by the Defendant, who is a passenger, committed by the victim under the influence of alcohol; (b) the nature of the instant crime is not good; (c) the Defendant did not agree with the victim; and (d) did not make any effort for the recovery of damage; and (e) all other circumstances constituting the condition of sentencing as indicated in the record, the sentence of the lower

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

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