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(영문) 인천지방법원 2015.12.23 2015노3332
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and a sexual assault treatment program of forty hours) is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant agreed with the victim only smoothly; and (c) there is no record of criminal punishment except for a violation of the Punishment of Violences, etc. Act (joint assault); (d) on the other hand, in light of the fact that the nature of the instant crime is inferior; (b) the degree of indecent act is not easy; and (c) the instant crime appears to have suffered considerable mental suffering due to the instant crime; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, home environment, and circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unreasonable.

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

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