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(영문) 창원지방법원 2015.05.07 2015노306

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is too unreasonable since the punishment imposed by the court below (one year of imprisonment with prison labor, three years of probation, two hundred hours of community service, 40 hours of participation required for the prevention of recidivism of sexual assault crimes) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that an agreement has been made with the victim, and that the defendant has no criminal records other than a fine imposed once due to the violation of the Road Traffic Act (driving).

However, the crime of this case is an indecent act committed by the victim who was only in the age club within the passenger car of the victim. The victim seems to have been subjected to considerable mental impulse due to the crime of this case, and the defendant's act of indecent act, such as assaulting the victim's face, etc. with the victim's chest, is considered as unfavorable circumstances to the defendant. Considering equity in criminal punishment against other crimes similar to the crime of this case, the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the punishment of this case and the sentencing indicated in the arguments and records of this case is not deemed unfair.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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