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(영문) 부산고등법원 2016.09.29 2016노436
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 10 months and the order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

2. In full view of the factors and sentencing guidelines revealed in the sentencing review process of the lower court’s judgment, the lower court’s sentencing judgment that deemed the primary sentencing sentencing factor, including the following: (a) the form of indecent act committed in the instant case; (b) the victim’s suffering from the crime; (c) the relationship between the Defendant and the victim; (d) the victim’s not agreement with the victim; and (e) the Defendant

It can not be assessed, and there is no or insufficient circumstance or materials to deem that maintaining the sentencing of the original court is unfair in the course of the deliberation of the sentencing of the original court, and there is no error of mistake, such as misconception of facts, in the judgment of conviction of the original court.

3. Accordingly, the Defendant’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).

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