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(영문) 의정부지방법원 2016.10.11 2016노2164

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four 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 led to confession and reflects the crime of this case, and that the defendant has no criminal records of the same kind and suspended execution or more.

B. However, the Defendant committed an indecent act against the victim who had been married after the destination as a driver of the shuttle bus driving system where many passengers are the other party. In full view of the following circumstances, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, such as the bad nature of the crime, the Defendant appears to have attempted to meet the victim from time to time in the past, the Defendant did not have been agreed with the victim, and no measures were taken for the victim, and there was no special change in circumstances after the issuance of the lower judgment, the Defendant’s age, details of the crime, and circumstances after the crime, etc., and other circumstances that are conditions for sentencing specified in the instant argument.

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.