beta
(영문) 창원지방법원 2016.12.08 2016노2620

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (two months of imprisonment and forty hours of completion of sexual assault treatment programs) of the court below is too unreasonable.

2. The following facts are: (a) the judgment was examined; (b) the Defendant made confession of the offense while committing the offense; (c) the fact that there was no criminal record exceeding the fine is favorable grounds for sentencing; (d) the victim F did not agree with the victims; and (e) the degree of injury suffered is not easy; and (e) the fact that there was the past record of punishment for the crime

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

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