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(영문) 인천지방법원 2016.11.30 2016노2395
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (a fine of four million won, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and that there is no means of punishment for the same kind of crime, the crime of this case is not less light of the degree of indecent act, the crime of this case does not make any effort to recover damage up to the trial. There is no special change in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, occupation and environment, motive and background of the crime, circumstances after the crime, etc., are considered in light of the above circumstances favorable to the defendant, it is not recognized that the sentence of the court below is too unreasonable even if considering the

Therefore, we cannot accept the defendant's above assertion.

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

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