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(영문) 부산지방법원 2016.04.29 2016노125

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the completion of a sexual assault treatment program for 8 months and 40 hours) is too unreasonable.

2. The fact that the defendant appears to be against his mistake is recognized as normal in favor of the defendant.

However, in full view of the following facts: (a) the instant crime committed by the Defendant was committed by an indecent act by force against women living alone; (b) the Defendant was punished for the same kind of crime; (c) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; and (d) other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, character and character environment, and circumstances before and after the crime, the sentence of the lower judgment

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.