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(영문) 서울중앙지방법원 2018.09.20 2018노1758

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the Defendant’s appeal is that the Defendant’s punishment (two and half years of imprisonment, and forty hours of order to complete a sexual assault treatment program) by the lower court is undue.

2. The Defendant committed each of the instant crimes only on the two months after having been sentenced to imprisonment with prison labor for a period of one year and six months, and completed the execution of the sentence.

In addition, the victim was found every four days to interfere with the victim's operation of the restaurant every day, and the victim or the victim's employees were forced to commit an indecent act.

Although the Defendant asserts that each of the crimes of this case was committed in a state of mental disability combined with drinking, the Defendant complained against him/her. However, it is difficult to see the Defendant’s behavior only because he/she is under the influence of alcohol because he/she had been aware of the fact that he/she committed the crime and repeated the same crime for four days.

3. In full view of the above unfavorable circumstances and the means and result of each of the instant crimes, the frequency of the crimes, and other circumstances, including the Defendant’s previous conviction, age, inclination, environment, family relationship, and circumstances after the crime, the lower court’s punishment is excessively heavy even if the Defendant’s mental disorder 3 is considered in favor of the Defendant.

It does not seem that it does not appear.

4. 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.