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(영문) 대전지방법원 2017.12.06 2017노3096

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, there is no record of punishment for the same kind of crime, and when the judgment is judged simultaneously with the injury crime for which the judgment became final and conclusive, consideration of equity is more favorable.

However, in light of the content, form, and degree of conduct of the instant crime, etc., it is favorable for the victims to have suffered considerable mental impulse, and the victims were not agreed with the victims.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.