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(영문) 서울중앙지방법원 2018.07.05 2017노3981
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the Defendant and the Prosecutor is that the Defendant was unfair due to excessive and unfair punishment of the lower court (five million won of punishment, five million won of punishment, and 40 hours of order to complete sexual assault treatment programs). The prosecutor, rather than the above punishment, is too unfluent and unfair.

2. The fact that the Defendant had multiple criminal records and did not reach an excessive agreement on the victims of the instant case is disadvantageous to the Defendant.

However, even though it is not up to the degree of mental or physical loss or mental weakness, the defendant was under the influence of alcohol at the time of committing the crime of this case, and later, the crime of this case is divided in depth.

In addition, it will make every effort to agree with the victims.

There are many things.

In full view of such circumstances and other factors as the Defendant’s age, sexual conduct, economic circumstances, the motive and degree of damage caused by the crime, and the circumstances after the crime, etc., the lower court’s punishment is heavy or too weak.

It does not seem that it does not appear.

3. Therefore, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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