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(영문) 서울남부지방법원 2018.05.18 2017노487

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, one year of suspended sentence, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. In full view of all the sentencing conditions as shown in the records and arguments of this case including the circumstances revealed by the lower court on the grounds of sentencing (the fact that the Defendant was subject to a suspended sentence of imprisonment due to the crime of injury resulting from forced indecent act, the damage was not recovered, and the Defendant was not subject to criminal punishment for about 10 years since the above crime was committed), the sentence imposed by the lower court is deemed appropriate, and is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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.