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(영문) 부산지방법원 2016.07.15 2016노651
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (2 million won) of the court below is too unreasonable.

2. The judgment appears to be against the defendant's wrongness, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

However, the crime of this case is an indecent act committed by the defendant within the previous vehicle, and the nature of the crime is not somewhat weak; the victim appears to have suffered considerable mental impulse and sexual humiliation due to the instant case; there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below; and other various sentencing conditions that are shown in the records and arguments, such as the defendant’s age, character and conduct environment, and circumstances before and after the crime, are considered as being too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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

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