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(영문) 대전지방법원 2014.04.23 2013노2351

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. The first offender who has no criminal power, and the Defendant appears to have disturbed with the victim after the instant crime, etc. are favorable to the Defendant.

The crime of this case is deemed to have exceeded all the lower parts of the victim who was under the influence of alcohol and committed an indecent act, and the degree of the indecent act is heavy, and the mental shock of the victim at the time seems to have exceeded the level of mental shock, the victim eventually did not reach an agreement with the defendant or revoke the complaint, and the fact that the defendant is punished, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relation, environment, occupation, etc., and all the circumstances constituting the conditions for 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. 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.