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(영문) 대구지방법원 2019.06.28 2019노281
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed on the Defendant (a fine of eight million won, and order to complete a sexual assault treatment program) by the lower court is too unreasonable.

(Definite argument was withdrawn).

Prosecutor: The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. We also examine the arguments by the Defendant and the prosecutor on unreasonable sentencing.

The instant case was committed by indecent act four times on the part of the victim who was the 19-year-old employee at the store operated by the Defendant, and the nature of the crime is not good, the Defendant denied part of the instant crime due to a defense that the Defendant was unable to obtain by the lower court, and the Defendant committed the instant crime even though the period of suspended execution becomes final and conclusive in June of imprisonment with prison labor for the crime of intimidation on November 10, 2017, and was still under suspended execution, and the Defendant had a criminal record of being punished nine times in total, including one time of suspended execution due to the instant crime.

However, it is recognized that the defendant has not been subject to previous punishment and sentence for all of the crimes of this case when it comes to the trial, that it is against all of the crimes of this case, that it is agreed with the victim, that the degree of indecent act is not much serious, and that the

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

B. According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities amended by Act No. 15904, Dec. 11, 2018; and enforced June 12, 2019, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the aforementioned Act, and has not received a final and conclusive judgment, this Court against the Defendant.

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