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(영문) 서울남부지방법원 2015.07.09 2015노504

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant commits a larceny and reflects his mistake, and in the case of a partial larceny, damage therefrom has been recovered.

2. The judgment of the court below that the defendant recognized the crime of indecent act by compulsion and made efforts to recover the victim's damage, or that the defendant used a stolen credit card which was stolen and stolen several times in five months after the release of the defendant, and committed the crime of indecent act by compulsion. The defendant was punished several times due to the crime of larceny in the past and was punished for sexual assault crimes. Some larceny crimes constitute a second offense; the crime of larceny entails night residence intrusion and it is not good that the crime is not committed; unless mitigation is mitigated, the defendant cannot be sentenced to a lower punishment than that of the court below. Considering the following circumstances, there is no change of circumstances, the degree and result of the crime, other circumstances after the crime, the defendant's age, environment, personality and conduct, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.