beta
(영문) 대전지방법원 2015.12.23 2015노2603

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation, and order to complete a sexual assault treatment program) declared by the court below is too heavy or unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant was aware of all his mistake and reflects the Defendant; (b) the F and the Defendant, the victim of indecent act by compulsion, do not want to punish the Defendant; and (c) the Defendant has no record of having been punished for the same crime or suspended execution or more than once, other than once a fine is imposed on the Defendant.

Meanwhile, the Defendant infringed upon a public place for sexual purposes, and committed an indecent act by a female student’s her tam, which might be seen as her mam, and furthermore, her mam, which was her mam, in light of the content of the crime, committed an indecent act. In addition, the Defendant dembling the victim G by using obscene pictures, etc., as if her embling the victim G by using obscene pictures, etc., so that the victim G might have suffered serious mental pain due to this, and the fact that the victim G wanted to be punished against the Defendant is highly likely to have serious secondary damage to the victim G, etc., is disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc. and the conditions of sentencing as shown in the pleadings, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation in this part is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is