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(영문) 의정부지방법원 2016.10.11 2016노2165

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and 80 hours for sexual assault treatment programs) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the Defendant’s act of self-defense of the victimized female in a bus by using her flock in a flock, and the nature of the offense is not very good; (b) the same criminal record was two times; (c) the Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime; (d) the Defendant did not agree with the victim; and (e) did not recover from damage; and (e) the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant as seen earlier.

Therefore, the defendant's above assertion 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.