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(영문) 창원지방법원 2021.03.18 2020노2549
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (three years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of order to disclose personal information, and 10 years of order to disclose personal information) is unfair because it is too unreasonable (the Defendant asserted that there was misunderstanding of facts and misunderstanding of legal principles in the grounds for appeal, but the Defendant and the defense counsel appealed the same on the first trial date in the first trial of the trial of the first trial of the first trial of the first instance trial). In the event that there was no change in the conditions of sentencing compared to the judgment of the first trial of the first instance, and the first trial sentencing does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the judgment of the first trial of the first instance as an appellate court (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, although the defendant had been punished for the same crime, he did not know himself during the period of repeated crime, and committed the crime of this case.

The victims did not receive any correspondence.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the commission of the crime, the sentence imposed by the lower court cannot be deemed to be unfair because it goes beyond the scope of reasonable discretion.

The defendant's argument of sentencing is without merit.

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 without merit. It is so decided as per Disposition.

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