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(영문) 의정부지방법원 2017.01.24 2016노3306
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the Defendant made confession of and reflects on the instant crime for the first time in the trial, and that the Defendant’s health condition is not good.

B. However, in full view of the following circumstances: (a) the Defendant committed an indecent act by deceiving the victim’s secret mind; (b) the nature of the offense was not good; (c) did not agree with the victim; (d) did not take any measures to mislead the victim; (b) the Defendant was subject to criminal punishment; (c) there was a significant history of criminal punishment; (d) there was no change in circumstances after the sentence of the lower judgment; and (e) there was no change in circumstances after the sentence of the lower judgment; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the offense; and (e) the circumstances after the crime, etc.

Therefore, the defendant's above assertion 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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