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(영문) 수원지방법원 2017.03.23 2016노5465

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) and the fact that the defendant recognized the error of the defendant and expressed his/her intent that the victims would not want the punishment of the defendant, the court below’s sentence that sentenced the community service order for 2 years and 80 hours of suspended execution and the lecture order for sexual assault treatment for 40 hours in six months of imprisonment is too unreasonable.

2. The facts that each of the crimes of this case was committed by the defendant by force or by indecent act by force against the victims under his duty supervision are not good, and that the victims might have been sexual humiliationd due to each of the crimes of this case, and that the victims expressed their intent not to have the victims want to be punished were already reflected in the favorable sentencing grounds in the court below, and there are no special changes in circumstances that may be considered in sentencing in the court below, and in full view of all the conditions of the records and arguments of this case including the defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, the above assertion is without merit since the court below's punishment is too excessive and it is not deemed unfair.

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