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(영문) 대전지방법원 2015.05.20 2014노3106

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for four months, suspension of execution for two years, and suspension of sexual assault treatment lectures) of the lower court against the Defendant is too unreasonable.

2. The fact that the defendant led to the crime of this case and led to the confession of his mistake, and that the victim agreed with the victim, and that the victim wanted to take the defendant's wife is favorable to the defendant.

However, in light of the degree of indecent act and the circumstances leading to indecent act, the Defendant committed the instant crime despite the fact that the Defendant had been sentenced to a fine once as an obscene crime in the past, and there was a history of having been sentenced to a multiple fines, including one time of punishment, one time of suspended execution, and one time of a suspended execution, and the Defendant is exempted from the order to attend a lecture, but in light of the character and conduct of the Defendant and the criminal act of this case, the Defendant wishes to be exempted from the order to attend a lecture, and the fact that the Defendant seems to need to take lectures of sexual assault treatment is disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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.