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(영문) 서울고등법원 2017.05.26 2017노317
강제추행치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unaffortable and unfair with regard to the punishment sentenced by the court below (three years of imprisonment), and the prosecutor asserts that it is too unaffortable and unfair.

2. The crime of this case committed by the defendant against whom he committed the crime of this case is forced to commit an indecent act against the victim, and suffered injury to the victim during the process, and as a result, the victim whom he demanded the death of the victim rather than defamation, etc.

Since intimidation is necessary for strict punishment, the Defendant did not reflect, and the Defendant denied the instant crime at an investigative agency and the court below, the victim did not deviate from the shock of the instant case, such as heavy physical or mental suffering, suffering from stress disorder after trauma, etc., and led to the resignation of an urgent workplace, and the fact that the victim did not agree with the victim is disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case in the past when he was involved in the crime of this case, and repented and reflected the mistake, the fact that there is no record of criminal punishment exceeding the fine, and that the wife and her children should be supported.

In full view of all the above circumstances such as the motive and background of the instant crime, the means and method, the circumstances before and after the instant crime, and the Defendant’s age, sex, career, and environment as shown in the instant pleadings, the sentence imposed by the lower court is too heavy, or the Defendant and the prosecutor’s above assertion are not deemed unfair because they are too unfasible. Therefore, all of the arguments by the Defendant and the prosecutor are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and 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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