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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2018.04.17 2018노83
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is not recognized to have exceeded the reasonable scope of discretion because the sentencing of the court below is too excessive, in light of the following: (a) the defendant committed the instant crime in favor of the defendant; (b) the defendant committed the instant crime during the suspension period of execution for the same kind of crime; (c) the victim’s mental impulse appears to be considerable; and (d) the court below did not submit new sentencing data in comparison with the judgment below; and (e) other factors for sentencing indicated in the records of this case, including the defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, etc.

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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