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(영문) 부산지방법원 2018.06.08 2018노615
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million, the completion of sexual assault treatment programs for 40 hours, and the number of subparagraphs 1 and 1 of the evidence) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The fact that the Defendant recognized the instant crime, the fact that the Defendant agreed with the victim, etc. is favorable to the Defendant.

However, the lower court appears to have determined the sentence taking into account the above circumstances, and there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the appellate court, and the Defendant was subject to the prior notice of suspended sentence (the penalty penalty) due to a violation of the Act on the Protection of Juveniles from Sexual Abuse in around 2002, and the victim appears to have caused a large sense of sexual humiliation and suppression due to the instant crime, and the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc. are comprehensively considered, and it cannot be deemed unfair since the lower court’s punishment is too unreasonable even if considering all the circumstances alleged by the Defendant.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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