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(영문) 서울북부지방법원 2018.04.19 2018노347
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program).

2. Although there are circumstances that may be considered in light of the circumstances, such as recognizing and opposing the instant crime, the Defendant committed the instant crime without being aware of the fact that he was sentenced to two years of the suspension of the execution of six months of imprisonment with prison labor for obscene obscene crimes in 2017, and committed the instant crime in addition to the aforementioned suspension of execution, the Defendant was punished by a fine due to obscene crimes in 2016, there is no change in circumstances that may be newly considered in the first instance trial, and there is no other change in circumstances that are shown in the instant argument, such as the Defendant’s character and behavior, motive for committing the instant crime, and circumstances after committing the crime, the lower court’s punishment cannot be deemed to be unfair because it is too excessive. Thus, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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