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(영문) 서울중앙지방법원 2015.04.03 2014노4695
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of four million won, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. It is favorable for the accused to have no criminal records of the same kind of crime.

However, the crime of this case is an indecent act against a victim who is unable to resist due to alcohol, and the nature of the crime is not weak, and the victim also wishes to punish the defendant, and considering all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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