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(영문) 대전지방법원 2017.06.21 2017노871
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable for the judgment that the Defendant recognized the instant crime and that there is no record of criminal punishment.

However, in light of the circumstances and attitudes, etc., the crime of this case is not good; the victim appears to have suffered serious mental suffering due to the crime of this case; the defendant deposited KRW 5 million in the court below on behalf of the victim but did not receive a letter from the injured party, and the injured party strongly wanted to punish the defendant; and the situation after the crime appears to be not good.

In full view of the above circumstances and other various sentencing conditions indicated in the records of this case, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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