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(영문) 수원지방법원 2015.06.11 2014노7793
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits the instant crime by drinking alcohol and contingently, and that the Defendant has no record of criminal punishment for the same kind of crime, it is unreasonable for the lower court to impose an order to complete a sexual assault treatment program for a fine of 4 million won and 40 hours, which is too unreasonable.

2. The crime of this case was committed in a relatively late manner by the Defendant at the time of the relatively late time, and the nature of the crime is not good that the Defendant committed an indecent act by putting the victim at the left side buckbucks through her muck, and the Defendant has the record of criminal punishment due to the crime of causing property damage, etc. In light of the motive and circumstance of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior, and the environment, etc. as stated in the records and arguments, the lower court’s punishment is not determined unreasonable even considering the circumstances asserted in the grounds for appeal. Accordingly, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition

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