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(영문) 의정부지방법원 2016.08.23 2016노1709

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant’s health condition is not good.

B. However, the Defendant intrudes into female toilets to commit self-defense, makes an obscene speech to the victim in the side partitions, and enter convenience stores.

For a long time, there was interference with the business of making obscene speech to the victim. In light of the law and contents of the crime, the crime is bad in light of the law and contents, the defendant has been punished for the same crime several times, the defendant has committed the crime of this case without being able to do so during the suspension period of execution due to the same crime, and the victims are likely to have been under considerable mental shock, the victims are not agreed with the victims, and no measures have been taken to protect the victims, and there was no special change in circumstances after the decision of the court below was made, and other various circumstances that are the conditions for sentencing specified in the argument of this case, such as the defendant's age, circumstances of the crime, and circumstances after the crime, etc., comprehensively taking into account the above circumstances favorable to the defendant, the sentence of the court below is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.