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(영문) 인천지방법원 2018.07.13 2018노242
준강제추행
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. The Defendant, on the grounds of appeal, appealed to the lower court’s punishment (a fine of five million won, a period of forty hours, etc.) that was too unreasonable, and the Prosecutor appealed to the extent that the above punishment is too unfluent and unfair.

2. The Defendant was the first offender, and the Defendant committed an indecent act against himself, but the Defendant committed an indecent act against himself; in light of the relationship with the victim, the details and methods of the indecent act, and the father, etc., the nature of the offense was poor; the Defendant did not agree with the victim; and there was no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, consequence, etc. of the crime, and all of the sentencing factors indicated in the instant pleadings, such as the circumstance after the crime, etc., the lower court’s punishment is too heavy or is deemed unfair, and thus, the argument that the sentencing of the Defendant and the prosecutor is unfair is without merit.

3. Conclusion of the appeal by the Defendant and the Prosecutor is dismissed. It is so decided as per Disposition.

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