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(영문) 대구지방법원 2019.09.27 2019노2857
강제추행등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (two years of imprisonment, forty hours of order to complete a sexual assault treatment program, one year of imprisonment, and forty hours of order to complete a sexual assault treatment program) declared by the lower court to the Defendants is too unreasonable.

2. It is recognized that the Defendants were aware of the instant crime and reflect the Defendants, the victims did not want to punish each of the Defendants, the Defendants B did not have any criminal record of indecent act by compulsion, and their family members want to leave the Defendant B’s wife.

However, the crime of this case is deemed to have been committed by indecent act by force against the inmates in prison on several occasions a month, by forcing them to see each other, or by causing direct injury, in light of the criminal method, frequency, etc., the crime of this case seems to have been committed, and the victim's humiliation and mental suffering had been caused. Defendant A, including two times of punishment for sexual assault, including a total of 3 times of punishment, and two times of punishment, including a total of 10 times of punishment, and two times of punishment for other crimes of this case, including a total of 10 times of punishment, and two times of punishment for other crimes of violence such as rape, including a total of 4 times of punishment for other crimes of violence such as injury, and two times of punishment for other crimes of this case including a total of 7 times of punishment for other crimes of this case. Defendant B also needs to have a strict punishment for each of the crimes of this case without being familiarly punished for the same kind of crime.

In addition, comprehensively taking account of the various circumstances such as the age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that each sentence sentenced to the defendants is too unreasonable.

3. Accordingly, the Defendants’ appeal is without merit.

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