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(영문) 창원지방법원 2017.08.31 2017노1745

준강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (6 months of imprisonment and 80 hours of completion of sexual assault treatment programs) of the judgment of the court below as to the summary of the grounds for appeal, the prosecutor too unfiened so that the prosecutor is too unfied and thus unfair.

2. We examine the judgment of the court, that the defendant recognized his mistake and reflects the defendant, that it is advantageous to the agreement that the defendant agreed with the victim. The crime of this case is committed by the defendant as soon as possible by drinking and divinging his sexual organ, and the nature of the crime of this case is poor, that the victim caused considerable sexual humiliation due to the crime of this case, that the defendant committed the crime of this case without being aware of it during the suspension of execution due to obstruction of the performance of official duties, and that the defendant committed the crime of this case without being aware of it during the suspension of execution due to obstruction of the execution of official duties, and that he was punished two times for sexual assault crimes.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.