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(영문) 대전지방법원 2020.01.15 2019노3032

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, order to complete sexual assault treatment programs 100 hours, and order to restrict employment for three years) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the fact that the Defendant acknowledges and reflects his/her mistake; and (b) the Defendant’s bipolar disorder is likely to have influenced the instant crime.

On the other hand, considering the circumstances and methods of crimes, etc., the crime of this case is bad, the crime of this case has been repeatedly committed during the period of probation for the same crime, and the fact that it is difficult to recover from the mental impulse and sexual humiliation suffered by the victim due to the defendant's crime is disadvantageous to the defendant.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

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