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(영문) 의정부지방법원 2017.02.07 2016노3493

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in the lower court’s punishment (the imprisonment of eight months, the order to complete a sexual assault treatment program 80 hours, the order to disclose two years, and the order to notify two years).

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant’s health condition is not good.

B. However, the Defendant repeatedly committed an indecent act against an unspecified number of women in the bus, and the crime is bad, the victims have not been agreed to, and no measures have been taken to avoid the victims, the Defendant has been punished twice due to an indecent act by force, there is no special change in circumstances after the sentence of the lower judgment, and other circumstances that form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, background of the crime, and circumstances after the crime, are considered in light of the aforementioned circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if it is considered in light of the aforementioned circumstances favorable to the Defendant.

Therefore, the defendant's above assertion 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.