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(영문) 대전지방법원 2015.06.10 2014노3010
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won and 40 hours after completing a sexual assault treatment program) of the lower court against the Defendant is too unreasonable.

2. The fact that the judgment defendant led to the confession of the crime of this case and reflects his mistake, and that there is no record of sexual assault crime is favorable to the defendant.

However, the Defendant, after committing an indecent act at a public place, committed an indecent act against the victim at the time when the police officer called out, took an attitude of avoiding disturbance and not against the victim. In light of the background leading up to the crime and the circumstances after the crime, the nature of the crime is not good, the victim wants to punish the defendant, and the Defendant has a record of having three times punishment, three times suspended sentence, three times suspended sentence, and four times of fine due to the crime committed against the victim is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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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