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(영문) 서울서부지방법원 2017.09.07 2017노749
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) there was no assault or intimidation prior to the indecent act in the summary of the grounds for appeal; (b) efforts to reach an agreement with the victim to prevent recidivism; and (c) continuous alcohol treatment to prevent recidivism; and (d) there was no previous conviction in the same kind of crime, the punishment imposed by the lower

2. In light of the fact that the degree of indecent act in the judgment is not minor, that does not reach an agreement with the victim, and that there is no change in the conditions of sentencing after the judgment of the court below, even if the defendant asserts, the sentence imposed by the court below is too unreasonable and unfair (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the registration of orders to complete sexual assault treatment programs and personal information shall be ordered to complete a lecture order or order to complete a sexual assault treatment program for a period of up to 500 hours in principle, and where the conviction of a sex offender becomes final and conclusive, the defendant shall automatically become a person subject to registration of personal information and shall submit personal information to the relevant agency pursuant to Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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