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(영문) 인천지방법원 2018.12.14 2018노3370
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant, on the grounds of appeal, appealed to the lower court’s punishment (such as imprisonment for a period of eight months or forty hours or more, and orders to complete sexual assault treatment programs). The Prosecutor appealed to the extent that the above punishment is too uneasible and unfair.

2. The Defendant has been punished twice for the same kind of crime, and in particular, during the suspended execution period for the crime of this case, the crime of this case, which leads to the victim's sexual organ according to the victim, is very poor for committing an indecent act.

However, the defendant recognized his mistake and agreed with the victim, and there is no change in special circumstances or circumstances that can be newly considered in sentencing after the decision of the court below.

In addition, given that the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is too heavy, or the Defendant and the Prosecutor’s assertion are not unfair because it is unjustifiable. Therefore, the allegation by the Defendant and the Prosecutor is without merit.

3. All appeals filed by the Defendant and the Prosecutor are dismissed. It is so decided as per Disposition.

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