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(영문) 서울서부지방법원 2016.07.21 2016노410
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a very mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence that the lower court rendered (a punishment of KRW 3 million, and an order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical weakness, although the Defendant was deemed to have served alcohol at the time of committing the instant crime, the Defendant was in a state of lacking the ability to see the right and wrongness of things or make decisions due to drinking, in light of the circumstances of the crime, means and methods, and the circumstances.

It does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

3. There is no change in the terms and conditions of sentencing compared with the original judgment on the grounds that the new data on sentencing have not been submitted at the trial of the original judgment on the unfair argument of sentencing. In full view of all the reasons for sentencing as stated by the lower court, the original judgment’s sentence is within the scope of the discretion of sentencing assigned to the lower court, and it cannot be deemed unfair because it is too unreasonable for

Therefore, the defendant's improper assertion of sentencing is without merit.

4. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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