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(영문) 광주지방법원 2013.07.03 2013노1082

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance that the crime of this case was committed against a female returning home in the middle of five times by indecent act, and that the case was not less than five and the victims did not receive any statements from them, and that the crime of this case was committed during the period of repeated crime.

On the other hand, the fact that the defendant recognized his mistake and there is no criminal power in the same kind of crime is favorable.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed 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.