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(영문) 인천지방법원 2014.11.07 2014노3099

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, 80 hours of order, and 3 years of notice of disclosure of personal information) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was aware of the crime of this case and the mistake is divided, and the degree of tangible force inflicted on the victim is not serious.

However, in light of the following: (a) the Defendant committed the instant crime of the same kind without being aware of the fact that he/she was subject to a heavier disposition of the suspended sentence once as a result of the crime of attempted quasi-rape; (b) the Defendant committed the instant crime only for about two months after the judgment of the suspended sentence became final and conclusive; and (c) the risk of recidivism is likely to be high; and (d) other various sentencing conditions in the records and arguments, including the Defendant’s age and happiness environment, and the circumstances before and after the crime, the Defendant’s sentence against the Defendant is too unreasonable.

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.