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(영문) 대전지방법원 2017.12.20 2017노2206

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a sentence of imprisonment with prison labor for one year, a suspended sentence of two years, and an order to attend a sexual assault treatment lecture for forty hours) is too unreasonable.

2. The judgment of the Defendant reflects the fact that the Defendant recognized the crime of this case and against the mistake, that is the primary offender, that the victim does not want punishment against the Defendant by mutual consent with the victim, and that the parents of the aged support the her parents.

However, in light of the background and contents of the instant crime, etc., the crime is not good, the degree of indecent act in this case is not somewhat weak, and the Defendant did not seem to have denied the fact of indecent act in the investigative agency and against it.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.