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(영문) 서울고등법원 2016.04.08 2016노243

성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years and six months of imprisonment, and 40 hours of orders to complete sexual assault treatment programs) against the Defendant is too unreasonable.

2. The Defendant was in the first instance judgment, and there was an additional agreement with D, one of the victims of the nighttime thief theft crime of this case.

However, even though there was a past history of punishment for special larceny and intrusion upon residence, the Defendant committed at night, for about three months, the instant crime of larceny and intrusion upon residence at night. On May 23, 2015, the Defendant committed an indecent act against the victim G even more likely than by night intrusion larceny.

Even if the Defendant agreed with the victim G, D, etc., comprehensively taking into account the following circumstances, the Defendant’s age, career, motive and background of the crime, means and consequence, circumstances after the crime, equity in the case of concurrent judgment with an attempt to larceny at night, and other factors of sentencing revealed in the oral argument of this case, the lower court’s sentencing was too so excessive that the sentencing of the lower court exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

3. 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 groundless.