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(영문) 의정부지방법원 2018.05.28 2018노978

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the completion of sexual assault treatment programs) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected in the crime is favorable to the defendant.

However, the crime of this case is first committed against the victim.

In full view of all other circumstances, including the Defendant’s age, sexual conduct, environment, background of the crime, circumstance after the crime, etc., the lower court’s punishment is deemed to be reasonable and is not too unreasonable, and thus, the above assertion by the Defendant is without merit. In so doing, the lower court’s punishment is deemed to be too unreasonable, inasmuch as it is deemed that the Defendant’s above assertion is unreasonable, given that it is not reasonable in full view of the following circumstances: (a) the Defendant’s punishment was not received from the injured person; (b) the Defendant committed the instant crime without being aware of the fact that he was sentenced to imprisonment for ten months with prison labor for the same kind of crime.

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