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(영문) 서울서부지방법원 2015.09.24 2015노782
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (five million won of a fine and forty hours of completion of a sexual assault treatment program) is too heavy.

2. The judgment is the sentencing factors favorable to the defendant, that the defendant recognized the crime and reflects the fact that there is no record of punishment for the same kind of crime, that the court below agreed with the victim only smoothly, and that the crime in this case was committed in contingency under the influence of alcohol.

However, there is no change after the judgment of the court below that there is no reason that there is no change in the situation after the judgment of the court below is an element of sentencing disadvantageous to the defendant.

In addition, considering all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

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

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