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(영문) 대전지방법원 2015.04.01 2015노216

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) imposed by the court below against the defendant is too unreasonable.

2. Determination-based circumstances are acknowledged, such as the fact that the Defendant recognized his criminal act, the fact that the Defendant appears to have caused each of the instant crimes by contingency while under the influence of alcohol, the Defendant has been treated as a long-term depression and alcohol ozone, and there are family members to support the Defendant.

Meanwhile, in light of the fact that the defendant has 16 times criminal records, and among them, the criminal records of the same kind of crime as the crime of this case are two times, and in the case of the indecent act by compulsion of this case, the crime is not good in light of the fact that the police officer is arrested, and the defendant has committed additional crimes even until the moment he is arrested. The victim expressed his intention to cover the severe punishment and has not yet been agreed with the victim, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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