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(영문) 서울북부지방법원 2018.05.17 2018노36

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the amount of KRW 3 million, the order to complete sexual assault treatment programs for twenty-four hours) against the Defendant is too unreasonable (the Defendant explicitly withdraws his assertion of mistake on the date of the first trial). 2. The lower court, as stated in its reasoning, sentenced the Defendant to the above punishment on account of the fact that the sentencing was taken place. In this case where there is no change of circumstances that may be newly considered in the first trial, it is reasonable to respect the sentencing of the lower court in view of the Defendant’s age, sex behavior, motive for the crime, and circumstances after the crime, etc., even if examining all the conditions of the sentencing specified in the argument of the instant case, such as the Defendant’s age, sex, motive for the crime, and circumstances after the crime, it is unreasonable for the lower court to impose the punishment too

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.