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(영문) 수원지방법원 2017.01.24 2016노8284

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) recognizes and reflects the defendant's wrongs, and the victim puts his writing on the mobile phone hosting site to seek male-friendly implements, and became only with the victim, and the defendant entered the telecom without any particular resistance and allowed the victim to have physical contact.

In light of the fact that misunderstandings, the degree of use of force, or indecent conduct is not much serious, the sentence of the lower court that sentenced to orders to complete sexual assault treatment programs for six months and forty hours is too unreasonable.

2. In determining the crime of this case, the defendant seen the motion picture on the first day with the victim of 18 years of age.

At the same time, the crime is not good that it was committed by inducing the victim from behind the victim with a film more than before the victim, and committing an indecent act by inducing the chest and sound part of the victim, and the victim said that he saw the defendant into the lower part and that he does not look back with the chest.

On the other hand, the defendant has come far away, and the defendant again has a dancing, and inform the male-friendly district to report it to the police.

In light of the following: (a) the Defendant expressed his intention of refusal; (b) the Defendant was sentenced to six months of imprisonment on August 15, 2014; (c) the Defendant committed the instant crime during the repeated offense period; (d) the Defendant committed the instant crime; (c) there was no special change in circumstances that may be considered in sentencing at the trial; (d) the motive and background of the instant crime; (e) the circumstances before and after the commission of the crime; (e) the degree of damage; and (e) the Defendant’s character and behavior, environment, family relationship, etc. as shown in the records and arguments of this case; and (e) the Defendant was sentenced to six months of imprisonment on May 14, 2014; and (e) the Defendant committed the instant crime on August 15, 2014; and (e) the Defendant committed the instant crime during the repeated offense period; and (e) there is no other special reason for sentencing.

참조조문