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(영문) 광주고등법원 (전주) 2020.04.24 2020노17
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, 40 hours of orders to complete sexual assault treatment programs, and 3 years of employment restriction orders) is too unreasonable.

Judgment

The court recognizes all of the crimes of this case in this court, there is no record of punishment for the same kind of crime, and the fact that the defendant is the deaf who has hearing disability is favorable to the defendant.

On the other hand, the crime of this case is an indecent act by force against four victims with hearing disability who the defendant was aware of, on five occasions, at the branch offices of F and B organizations, on five occasions, and the nature of the crime is not good. The defendant denied the crime in the court below, and the victims should attend the court of the court of the court of the court of the court of the court of the court of the court and make a statement again about their experience of damage, and the fact that the defendant did not receive suspicion from victims and did not recover from damage is disadvantageous to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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