준강제추행
Defendant
In addition, appeal by the person who requested probation order is dismissed.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The crime of this case in the part of the defendant case was committed by the defendant and the respondent for probation order (hereinafter "the defendant"), and the victim's sexual organ was fryed at the soup and the crime was fry.
As a result, it seems that victims have suffered a lot of sexual humiliation and mental impulses.
The Defendant did not receive a letter from the victim and did not take any measures to recover from damage.
The defendant did not know even though he was a repeated crime of the same kind, and did not commit the crime of this case.
Although considering the fact that the Defendant was committed in the course of, and against the mistake of, and the degree of the tangible force used, the Defendant’s age, character and conduct, environment, motive, means and consequence of, the instant crime, as well as all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the lower court’s punishment is determined to be within the appropriate scope of sentence corresponding to its liability, and its punishment is heavy.
Therefore, the defendant's assertion is without merit.
B. As long as the part of the case for which probation order is applied has filed an appeal against a prosecuted case, it is deemed that an appeal has been filed regarding the case for which probation order is applied under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, there are no grounds for appeal concerning this part of the petition of appeal or the statement of grounds for appeal submitted by the defendant or defense counsel, and there are no grounds for appeal to investigate ex officio and reverse the judgment of the court below.
3. In conclusion, the defendant's appeal is without merit and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act.