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(영문) 대전지방법원 2015.06.10 2014노2906
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order, and eight hours of attending a sexual assault treatment lecture) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant appears to have committed the instant crime; (b) the F, the victim of the indecent act by compulsion, did not want to punish the Defendant; and (c) the Defendant appears to have committed the instant crime in contingency under the influence of alcohol.

On the other hand, in light of the circumstances of the crime, such as assaulting the victim E, who had the F's secret view after the Defendant committed an indecent act against the victim F, and inflicted an injury by assaulting the victim E, the nature of the crime is very poor, the victim is not agreed with the victim (the defendant deposited part of the money for the victims, but it is less than the victims' damage), the victim E wishes to punish the defendant, and the defendant seems to have committed an additional mental damage to the victims.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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

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