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(영문) 청주지방법원 2019.08.14 2018노1040
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 on the defendant (three years of imprisonment with prison labor for a period of ten months suspension, three years of probation, 40 hours of an order to attend a sexual assault treatment lecture, and 240 hours of community service order) is too unreasonable.

2. The circumstances are favorable to the fact that the defendant recognized all of the crimes of this case and reflected in the judgment, there are family members to support, the mother's health is not good for the aged, and the victims do not want the punishment of the defendant by mutual consent with the victims.

On the other hand, however, the defendant committed an indecent act against the employee at the main place, and made an assault against the police officer, which is not good to the quality of the crime, and the defendant has seven times or seven times of suspended execution including suspended execution due to violent crimes such as obstruction of performance of official duties or injury.

In full view of the above circumstances and the Defendant’s age, character and conduct, family relationship, environment, etc., the lower court’s punishment cannot be deemed as excessively excessive beyond the scope of reasonable discretion.

3. In determining the reduction of the registration period of personal information, the registration period of personal information of the accused is fifteen years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the punishment of indecent acts causing the registration of personal information and the remaining crimes of indecent acts causing the registration of personal information in full view of the nature of the crimes, seriousness of the crimes, etc., in this case, it is not necessary to determine the registration period of personal information as a short-term period than the period according to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. 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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