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(영문) 의정부지방법원 2016.11.29 2016노2860
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 5 million won of fine and 24 hours of sexual assault treatment programs) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects on the instant crime, the primary offender, and the fact that the lower court agreed with the victims.

B. However, in full view of the following circumstances: (a) the Defendant’s indecent act against the victim who was going in company with the drinking place was committed by assaulting the victim; (b) the nature of the crime is not very good by denying the crime at the time of the investigation; and (c) the victim was accused of a false accusation (see, e.g., Article 172 of the Investigation Record); (d) the degree of indecent act, such as the Defendant’s age, details of the crime, and circumstances after the crime, which are favorable to the Defendant; and (d) the punishment of the lower court is too unreasonable even if considering the above circumstances favorable to the Defendant, such as the Defendant’s age, circumstances leading up to the crime, and circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

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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