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(영문) 대전지방법원 2016.04.27 2015노3414

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant has no criminal history of the same kind of crime; (b) the defendant appears to be against the defendant; (c) the defendant did not assault or threaten the victim by means of prosecution; and (d) the fact that the defendant is admitted to prison and the economic situation is not limited.

On the other hand, the crime of this case was committed by force for 12 days, such as the victim's buckbucks, tacks, tacks, sexual flag, etc. committed by the defendant living together. The crime of this case is not good in light of the place of the indecent act and the degree of recovery and repetition of the indecent act, etc., each of the above crimes appears to have been committed by the victim, and there was 20 times criminal punishment including six times punishment, and the defendant again committed the crime of this case even though he was detained for the crime of death at the time of the crime of this case.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments including records and arguments, the lower court’s sentence is too too unreasonable, and thus, the Defendant’s allegation of the above unfair sentencing is not acceptable.

3. Thus, 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.