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(영문) 대구지방법원 2020.06.30 2019노1748

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the court below's punishment (the fine of three million won, the order to complete sexual assault treatment programs with forty hours) is too unaffortable, and that the prosecutor is too unaffortable and unfair.

2. The crime of this case was committed by the Defendant, the motive of the Defendant attending the same graduate school, through several times, and the victim's bucks located in the victim's bucks even though the victim did not express his/her intent, and the nature of the crime is not good. It appears that the victim's sexual humiliation caused by the crime would not be easy to sense his/her sense of sexual shame, and the victim's bucking that the victim wanted the Defendant's severe punishment is disadvantageous to the Defendant.

However, it is hard for the Defendant to recognize the instant crime from the investigative agency to the trial court, and not repeat again, and even though it did not reach an agreement with the victim, it appears that the Defendant has been making a serious effort to continue to recover and agree the victim's damage from the investigative agency, and there is no record of punishment for the Defendant, the Defendant has been referred to the internal disciplinary action due to the instant crime, and the Defendant has been subject to the disposition of abandonment, and the Defendant's parents have to take an active interest in preventing recidivism, and the social ties relationship seems clear.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. If so, the appeal by the defendant and the prosecutor is justified.