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(영문) 의정부지방법원 2015.10.20 2015노2201
강제추행등
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, and that if the original judgment becomes final and conclusive, the previous suspended sentence may be invalidated.

B. However, the Defendant: (a) committed indecent act by force before the victim D’s house; (b) assaulted the victim E; (c) attempted to escape while arresting and transferring a flagrant offender to the police for the above crime; (d) was sentenced to imprisonment with prison labor for 10 months on February 13, 2015; (b) was sentenced to imprisonment with prison labor for interference with business on February 13, 2015; and (c) again committed the instant crime during the suspended execution period; (d) there was a history of being sentenced to two times a fine due to the crime of injury and damage to property; (e) the victims did not receive suspicion from the victims to the trial; and (e) other various circumstances, which are the conditions for sentencing as set forth in the argument of the instant case, including the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., even if prior consideration of the aforementioned circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

C. 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.

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