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(영문) 대전지방법원 2016.06.22 2016노60
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (1.5 million won of punishment, 40 hours of order to complete a program) is too unreasonable.

2. The following are the circumstances favorable to the defendant: (a) the defendant reflects the crime of this case; (b) the defendant does not want to punish the defendant; (c) the defendant has a visual disability 1st degree of disability; (d) the defendant is a person with a disability in visual disability 1st degree of disability; and (e) economic difficulties are also experienced as a person eligible for basic living benefits; and (e) the defendant's family members and neighbors want to

On the other hand, the crime of this case is committed by the defendant, who repeatedly abused the victim three times, and commits an indecent act by deceiving her her tam, and the responsibility cannot be mitigated in light of the frequency of the crime and the method of committing the crime, and the defendant seems to have suffered sexual humiliation. The defendant again committed the indecent act in this case even though he was subject to a non-prosecution disposition with no authority to prosecute due to the cancellation of complaint against the crime of indecent act by force around 2009, and the defendant has been punished five times including one suspended sentence.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the crime, the defendant's age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments including records and arguments, there is no change in circumstances where the court below and the punishment are to be determined differently. In full view of the fact that at the stage of the execution of the punishment, it is possible to apply for the installment payment of fines under the Rules on Affairs of the Prosecutors' Office concerning Property Punishment, etc. or for community service under the Act on Special Cases concerning the Execution of Social Services by Persons with Unpaid Amount of Penalty, etc., it cannot be said that the sentence of the court below is too unreasonable to the extent that it is impossible

3. Thus, the defendant's appeal is without merit.

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