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(영문) 의정부지방법원 2016.12.13 2016노2960

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and orders to complete sexual assault treatment programs) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime.

B. However, in light of the circumstances and contents of the indecent act by compulsion, etc. of this case, considering the following circumstances, the lower court’s punishment is too unreasonable even if considering the circumstances favorable to the Defendant, based on the following: (a) the Defendant committed the instant crime again despite the fact that he had been punished more than five times for the same crime; (b) the Defendant did not agree with the victim; and (c) did not take any measures to protect the victim; and (d) there was no special change in circumstances after the lower judgment was rendered; and (b) the Defendant’s age, details of the crime, and circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.