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(영문) 부산지방법원 2016.04.22 2015노1571

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (the punishment amounting to three million won, and the completion of sexual assault treatment programs for forty hours) of the decision of the court below is too unreasonable.

2. The judgment appears to have recognized each of the crimes of this case and against his mistake, and the fact that the defendant simply agreed with the victim G of the obscenity crime of this case and the victim G does not want the punishment of the defendant, and that the defendant is the first offender who had no record of criminal punishment prior to the criminal punishment of this case is recognized as a normal circumstance favorable to the defendant.

However, in full view of the following: (a) the Defendant did not agree with the victim F of the instant indecent act; (b) the victim F appears to have suffered considerable mental suffering due to the Defendant’s indecent act committed by the Defendant’s forced indecent act in this case; (c) there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (d) other various sentencing conditions that were shown in the records and arguments, such as the Defendant’s age, character and conduct environment, and circumstances before and after the crime

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