beta
(영문) 의정부지방법원 2016.06.21 2016노1050

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, twenty-four hours of sexual assault treatment programs, and two years of personal information disclosure) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the court below agreed with the victim.

B. However, in full view of the following circumstances: (a) the Defendant’s chest of the victim who was divingd in a bus is not good; (b) the Defendant had the record of receiving juvenile protective disposition due to rape injury in 1995; (c) the Defendant was prosecuted for committing an indecent act in 2002; (d) the Defendant was prosecuted for committing an indecent act in the year 2012; and (e) the Defendant’s age, the background and circumstances leading to the commission of the crime; and (e) other circumstances that are the conditions for sentencing specified in the instant argument, such as the circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s sentence is too excessive and it is not deemed unfair.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.