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(영문) 울산지방법원 2017.02.03 2016노1772

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of attending lectures) is too unreasonable.

2. The judgment follows: (a) the defendant recognized the crime of this case; (b) the defendant committed the crime of this case; and (c) the victim did not want the punishment of the defendant by agreement with the victim; (c) the defendant committed an indecent act in favor of the defendant; (d) the defendant committed an indecent act by sexually sensitive parts such as the victim's sound, etc.; (c) the victim appears to have committed a considerable sexual humiliation and mental shock; (d) the victim's statement and witness's statement, despite the victim's and witness's statement, they did not reflect the victim's criminal act; (d) the defendant was punished by a fine of three million won through two times; (e) there was no other circumstances or changes in circumstances that may be newly considered in the sentencing after the decision of the court below was made; and (e) the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the records and various sentencing factors revealed in the trial process after the crime of this case, the above assertion by the defendant cannot be justified.

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.