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(영문) 울산지방법원 2017.05.26 2017노242

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, the community service for eight hours, and the lecture for sexual assault treatment of forty hours) is too unreasonable.

2. The defendant's indecent act committed by the defendant itself is very serious;

The fact that it is difficult to see that the injured party was smoothly agreed with the injured party and the injured party was not punished for the accused, that the accused has no record of criminal punishment except for the crime of intimidation prior to the crime of intimidation, etc., that there is no record of criminal punishment, that two children are brought up by mixing after the divorce due to the instant case, and that if the accused was finally and conclusively sentenced to imprisonment without prison labor or heavier punishment by the organization agreement of the company in which the accused works, they shall be treated as a retirement automatically

However, as the court below explained in the reasoning of sentencing, the crime of this case was committed by the defendant without any awareness prior to the appearance of the defendant, and 26 suicide and forced the victim to board the ship, and the victim refused it and committed an indecent act before the house, and it is difficult to view it as a mere case of gambling, such as the fact that it is difficult to view it as a case where the victim committed an indecent act before the house because it was committed by the victim's refusal, and that the method of the crime was committed by taking over the currency with the relative who requested the aid of the victim during the crime of this case, and that the victim seems to have caused extreme fear due to the crime of this case, etc., the court below's unfavorable circumstances such as the defendant's age, sex, sex, environment, family relation, motive and circumstance of the crime, and circumstances after the crime of this case, etc., even if considering all favorable circumstances in favor of the defendant, it cannot be deemed unfair since the court below's punishment is excessively unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.