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(영문) 의정부지방법원 2018.07.16 2018노1432

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 (6 months of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

2. A favorable circumstance is that the defendant recognized the crime of this case when the judgment was made in the first instance, and is against the law, and that there is no record of punishment for the same kind of crime.

However, in full view of all other circumstances, including the Defendant’s age, health conditions, sexual conduct, environment, background and place of the crime, relationship with the victim, and circumstances after the crime of this case, the sentence of the lower court is deemed reasonable and is not too unreasonable, and thus, the Defendant’s improper assertion of sentencing is groundless. In so doing, the Defendant’s wrongful assertion of sentencing is without merit.

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.