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(영문) 의정부지방법원 2016.11.15 2016노2654

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion against the victim.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for six months of imprisonment, two hundred hours of community service, and forty hours of sexual assault treatment lectures) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant stated that the victim was shotly her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. Determination on the argument of unfair sentencing is 1) In full view of various circumstances, including the denial of and not against the Defendant’s criminal act; the Defendant has a criminal record of the same kind; the Defendant did not agree with the victim; the Defendant did not recover from damage; and the Defendant’s age, details of the criminal act; and circumstances after the criminal act, etc., which are the conditions for sentencing specified in the instant argument, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unlimited and unreasonable. Accordingly, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.