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(영문) 의정부지방법원 2017.01.10 2016노2775
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won or more, and 40 hours or more of course of a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the defendant has no record of the same crime.

B. However, the defendant is the victim's repeated words.

In addition, in full view of all the circumstances that are the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, background of the crime, and circumstances after the sentence of the lower judgment, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant are considered in light of the following: (a) the nature of the crime was not good; (b) the victim was not agreed with; (c) the victim was not committed; (d) the victim was subject to criminal punishment several times; and (e) there was no special change in circumstances after the sentence of the lower judgment; and (e) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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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