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(영문) 수원지방법원 2015.05.28 2014노7837
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant and his defense counsel (e.g., indubly unfair) and the fact that the Defendant committed the instant crime by contingency while under the influence of alcohol, in an economic difficult situation, and supporting his/her family, the sentence of the lower court ordering a fine of KRW 4 million and an order to complete a sexual assault treatment program for eight hours is too unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unreasonable even if considering all the circumstances alleged in the grounds of appeal, given the following: (a) the victim did not recover from damage up to the trial; and (b) the victim wanted to punish the Defendant; and (c) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character, conduct,

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

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