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(영문) 대전지방법원 2015.02.04 2014노3814

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment, 8 months and 80 hours of order) of the lower court’s sentence against the Defendant is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant appears to have caused the instant crime by drinking and contingently, the Defendant’s mother’s health is not good, and the Defendant appears to have experienced economic difficulties.

On the other hand, the crime of this case is committed against the defendant, who is a male, in a soup female water surface area, such that the defendant puts the victim's fingers into the victim's chests and the part of the victim several times, and that it is inevitable for the victim to commit an indecent act, such as breaking the victim's fingers even through brying, and that it is inevitable for the victim to severely punish the victim's sexual intercourse. It is recognized that the victim's fear, sexual humiliation and sexual humiliation at the time of the crime of this case would be reasonable, and there was no agreement with the victim, and the defendant did not make any effort to recover the victim's damage, the defendant did not know his whereabouts, and avoided the progress of the trial procedure of the court below, and even if the defendant had been punished for suspended execution due to the crime of this case, he again committed the crime of this case is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that lead to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, and there is no change in circumstances to determine the sentence differently from the original judgment, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. The defendant's appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.