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(영문) 부산지방법원 2018.01.19 2017노4095
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the period of four months of imprisonment and the period of forty hours of sexual assault treatment programs) is so excessive that it is unfair (the Defendant withdrawn his mental and physical claims on the date of the first trial in the first trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial).

However, even though the defendant had three identical criminal records, the defendant committed the crime of this case in the absence of a final judgment of the suspension of the execution of imprisonment for the same kind of crime and three months.

In light of the criminal history of the defendant and the behavior attitude before and after the crime of this case, it is difficult to find out the fear of re-offending and it is necessary to make a good punishment.

In addition, considering various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, and background of the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of 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 defendant's appeal is groundless.

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