beta
(영문) 대구지방법원 2020.10.30 2020노2551

준강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the lower court (eight months of imprisonment, order to complete sexual assault treatment programs, and order to restrict employment) is too unreasonable.

2. At the investigation stage, it is recognized that the Defendant, who denied the crime at the lower court’s trial stage, shows the attitude of reflecting his mistake by recognizing his mistake, and that the Defendant is the primary offender who has no penal power.

However, in light of the background of the instant indecent act and the commission of indecent act, etc., it cannot be deemed that the degree of indecent act cannot be deemed that the Defendant’s punishment is less severe, the Defendant’s liability is too heavy, the victim was unable to use the Defendant’s severe punishment, and there is no special change in circumstances to change the sentence of the lower court after the sentence of the lower judgment was rendered, and there is no other reason to change the sentence of the lower court, and even if examining various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive and background, means and consequence of the crime, the circumstances after the crime, etc.

3. Therefore, 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.