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(영문) 대전지방법원 2017.08.30 2017노1662

강제추행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in the event of imprisonment with prison labor for six months, for forty hours, for orders to complete sexual assault treatment programs, and for registration of personal information for ten years) is too heavy or unreasonable.

2. The judgment of the Defendant recognized all of the instant crimes and against the wrongness of the Defendant, and the Defendant is a recipient of basic living benefits who has difficulty in economic circumstances, and is not good in health conditions, etc. are favorable to the Defendant.

However, under the influence of alcohol on the day of the instant case, the Defendant committed repeatedly the acts of coercion, assault, interference with the performance of official duties, and insult against the victims, and thus, the nature of the crime was very poor, the victims' damage was not recovered at all, the victims did not agree with the victims, and the Defendant could have criminal records of the same kind of crime. The Defendant committed the instant crime without being aware of it during the period of repeated offense due to the same kind of crime, etc., which is disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.