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(영문) 광주지방법원 2017.01.12 2016노3639
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime, the lower court, which did not reduce the Defendant’s mental and physical weakness, was unlawful.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

B. The fact that the Defendant’s judgment on the unfair argument of sentencing reflects the crime, and that there is no record of criminal punishment in the Republic of Korea is favorable to the Defendant.

On the other hand, the fact that the victims seem to have suffered considerable mental impulses due to the defendant's crime, and that they did not reach an agreement with the victims and did not receive the victims from them.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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