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(영문) 서울중앙지방법원 2018.07.05 2018노1058

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the Defendant’s appeal is that the Defendant’s appeal is unfair due to an excessive and excessive error in the sentence of the lower court (the penalty amounting to KRW 3,00,000,000 and the order to complete a sexual assault treatment program).

2. It is a favorable circumstance that the Defendant has committed the instant crime in depth and endeavored to prevent recidivism.

However, even though the defendant had had the record of suspending indictment for the same crime, if he comprehensively takes into account various circumstances, such as the defendant's age, sexual conduct, environment, background and method of the prosecution, and the circumstances after the crime, the court below's punishment is deemed appropriate.

3. Therefore, 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.