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(영문) 대구지방법원 2020.10.23 2020노2206

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, order to complete sexual assault treatment programs, and order of employment restriction) declared by the court below is too unreasonable.

2. The lower court determined the sentence against the Defendant by comprehensively taking into account the following circumstances favorable to the Defendant, and there is no special change in circumstances that could change the sentence following the pronouncement of the lower judgment.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., as shown in the arguments in this case, it is not recognized that the court below's punishment is too excessive and exceeded the reasonable scope of discretion.

The favorable circumstances shows the attitude of the defendant to reflect by recognizing his or her mistake.

There shall be no other criminal records against the accused except for two-time fines due to the violation of the Road Traffic Act.

Unfavorable circumstances: The Defendant committed the instant crime because 10 persons, including the husband of the victim's family relationship with the victim's family relationship for a long time, the husband of the victim's family relationship with the victim's children, the victim's children, and other relatives who are different from the Defendant's children, have been travelling together to the pension.

At the time of the crime of this case, the victim was locked from the 2nd floor of the above penta, and the victim was locked with the defendant's her pro-Japanese and her children, and the rest seems to have been in the above penta, and the defendant committed an indecent act against the victim as stated in the facts charged in the above circumstances.

The crime of this case is important in the degree of indecent act, and the victim and his family members are suffering from severe mental suffering due to the defendant's crime.

The defendant was unable to receive an application from the victim, and the husband of the victim and the husband of the victim want to make a severe punishment against the defendant.

3. According to the conclusion, the defendant.

참조조문