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(영문) 의정부지방법원 2016.11.15 2016노2426

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 six months and orders to complete sexual assault treatment programs) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant, when he was in the trial, led to the Defendant to commit the instant crime, led to confession and reflect, and that the Defendant has no record of punishment heavier than that of suspended execution.

B. However, the Defendant committed an indecent act on the part of the victim's her her mb in subway, and even if the Defendant had been punished for committing an indecent act in a openly obscene manner in front of women seated in the subway in 2013, the Defendant committed the instant indecent act in the subway, did not agree with the victim, did not take any measures to the victim, taking full account of the following circumstances: (a) there is no change of circumstances after the lower judgment was sentenced; and (b) there is no other change of circumstances after the sentencing of the lower court, and other circumstances favorable to the Defendant, such as the Defendant's age, circumstances leading to the crime, and 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.