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(영문) 대전지방법원 2016.07.13 2016노1231
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is aware of the fact that he was aware of, or was knife by, a pro-Japanese mark, and that he was forced to commit an indecent act against the victim.

B. The sentence sentenced by the lower court (6 months of imprisonment, 40 hours of order to complete the course, 3 years of disclosure and notification order) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the trial court as to the assertion of facts, in particular, D and F’s legal statement at the lower court, the Defendant’s assertion of facts cannot be accepted as to the victim D, as stated in the facts constituting a crime in the lower judgment, as stated in the lower court’s judgment, that the Defendant moved in the victim D on March 10, 2015; that the chest was frightly and frighted into the body of the victim; and that the Defendant committed an indecent act on October 26, 2015, such as taking the victim’s grandchildren and taking them over and taking them over; and that the Defendant’s assertion of facts cannot be accepted.

B. As to the wrongful assertion of sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant was hospitalized in the hospital for a long time due to the existence of alcohol, depression, etc.; (b) the instant crime appears to result in the Defendant’s problem; and (c) the Defendant suffers from economic difficulties without good health.

On the other hand, the crime of this case is an indecent act committed by the defendant on two occasions against the victim residing immediately next to the defendant. In light of the frequency and method of the crime, the nature of the crime is not good, and the degree of indecent act as seen earlier, and the mental suffering and sense of shame caused by the crime of this case seems to be considerable, the defendant did not make efforts to recover the damage of the victim, the defendant did not agree with the victim, the defendant did not make efforts to not agree with the victim, and the defendant could not attend the investigative agency under the influence of alcohol and make the investigation practically impossible, and the criminal punishment of 13 times is imposed by the defendant, etc.

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