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(영문) 창원지방법원 2015.09.10 2015노1207
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (one year of suspended execution and forty hours of sexual assault therapy in four months of imprisonment) declared by the court below is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake, the defendant has no past record of punishment, and there is a family member to support the defendant.

However, considering the fact that the victim appears to have suffered a considerable mental shock due to the instant crime, etc., circumstances unfavorable to the Defendant are considered, and there is no special circumstance where it is impossible to impose sexual assault treatment lectures on the sole basis of the Defendant’s risk of losing his/her workplace. In full view of the following circumstances: (a) there is no change in circumstances or circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime; and (c) various circumstances that form the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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