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(영문) 대구지방법원 2018.01.26 2017노4180
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed any indecent act by force against the victim as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The punishment sentenced by the lower court (the amount of KRW 5 million and the amount of KRW 40 million for sexual assault treatment programs) is too unreasonable.

2. Determination

A. The Defendant denied the facts charged in this case with the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the Defendant’s assertion by giving detailed explanation of the judgment on the evidence from No. 8 to No. 3 of the judgment, and found the Defendant guilty on the facts charged.

In a thorough examination of the evidence presented by the court below in light of the records of this case, the above determination by the court below is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. Although the fact that there is no record of punishment exceeding the punishment history or fine due to the same crime against the defendant for the judgment on the illegal argument of sentencing is recognized, the punishment imposed by the court below is too unreasonable, considering the defendant's age, sex, environment, family relationship, etc., and all of the conditions of sentencing as shown in the records and changes of the case, including the defendant's age, sex, sex, family relationship, and circumstances after the crime.

This part of 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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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