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(영문) 인천지방법원 2018.11.16 2018노3008

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (the imprisonment of eight months, the order to complete a sexual assault treatment program for forty hours, the restriction on employment between three years) is too unreasonable.

2. However, the Defendant recognized the instant crime, and there was no previous conviction or imprisonment without prison labor or more, but the Defendant, as a taxi engineer, committed an indecent act by force for a considerable time in the closed taxi where the victimized female was a passenger, at the latest night. In light of the background, manner, place, etc. of the indecent act, the nature of the crime was extremely poor and did not receive a letter from the injured, and there was an enemy who was subject to a disposition of suspension of indictment due to the same kind of crime, the lower court sentenced a punishment for eight months, and there was no special circumstance or change that could be newly considered in the sentencing after the sentence of the lower judgment.

In addition, considering the various circumstances, such as the Defendant’s age, sex, environment, criminal record, health status, motive, means and consequence of the crime, etc., which are the conditions for sentencing as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.