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(영문) 인천지방법원 2018.03.16 2018노75
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed on the accused by the first instance court (unfair sentencing) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the Defendant was against his mistake in this court, the Defendant did not have any record of punishment for a sex offense prior to the instant crime, and the fact that the victimized person does not want the punishment of the Defendant in agreement with the victim is considered favorable to the Defendant.

However, the Defendant committed an indecent act twice during a short period of three months after the execution of punishment, and the degree of the indecent act is considerably heavy.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, the sentence imposed by the court below is too unreasonable.

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 groundless.

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