(영문) 창원지방법원 2017.03.16 2016노3292 | 리걸엔진

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(영문) 창원지방법원 2017.03.16 2016노3292

강제추행등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the reasons for appeal, the Defendant asserts that the Defendant is too unfasible to the punishment (eight months of imprisonment, forty hours of order to complete education) of the lower judgment, and that the prosecutor is too unfasible and unfair.

2. Determination

A. We examine the argument of the defendant and the prosecutor, the fact that the defendant is against the confession of the crime, the fact that the defendant agreed with the victims, and the fact that he bears the duty to support his family is a favorable reason for sentencing. It is a crime committed against female juveniles, and the nature of the crime is bad, violent crimes, etc., and the fact that the crime was committed again without being convicted even though it was during the period of probation due to violent crimes.

In full view of all the circumstances leading to the above sentencing factors, method, degree of prosecution and exposure, Defendant’s age, family relationship, economic situation, and other matters pertaining to the sentencing indicated in the records and arguments of this case, the judgment below’s punishment is deemed appropriate. Thus, the Defendant’s assertion is without merit.

B. In full view of the statutory punishment, the nature of the crime, the circumstances leading to the aggravation of concurrent crimes, etc. of each of the instant crimes, which ex officio determination on the period of registering personal information, the instant case does not seem to have any circumstance to determine the period of registering personal information more than the period according to the sentence sentenced pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment of Sexual Crimes

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

유사 판례

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