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(영문) 대구지방법원 2018.07.20 2018노1739

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a year and six months of imprisonment, and an order to complete a sexual assault treatment program 40-hour program) on the summary of the grounds for appeal is so unfair as to be too unreasonable (the argument of mental and physical weakness was withdrawn). 2. Determination on the grounds that the Defendant recognized his mistake and reflects all of his mistake, and that the amount of the Defendant’s defraudation among each of the crimes in this case is relatively small.

However, it is also recognized that the defendant has been punished several times, including imprisonment for the same type of crime, and in particular, each of the crimes of this case during the repeated crime period due to fraud, the victim E of the crime of indecent act appears to have suffered considerable mental impulse due to the crime of the defendant, the defendant was unable to receive a letter from the victims, the defendant did not comply with a request of an investigative agency for attendance, and the defendant escaped.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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.