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(영문) 창원지방법원 2017.10.19 2017노1532
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: (a) led to the confession of a crime at the lower court; (b) the sentence of the lower judgment (the amount of KRW 3 million, the completion of a sexual assault treatment program for 40 hours) seems to have been too heavy.

B. Prosecutor: The sentence of the lower judgment is too minor.

2. Determination is a favorable reason for sentencing, such as: (a) the fact that the Defendant led the Defendant to commit a crime while committing a crime; and (b) the fact that only two times a fine of 20 years or more has been imposed by previous convictions is a favorable reason for sentencing; (c) the fact that the elderly victims were forced to commit an indecent act by leading the aged victims to the atmosphere before the youth, is bad in terms of the nature of the crime; and (d) the fact that the victims did not agree

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial at the present time, and the arguments between the Defendant and

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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