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(영문) 서울서부지방법원 2015.05.21 2014노1809
강제추행미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 1.5 million won, and an order to complete a sexual assault treatment program) by the court below is too unreasonable.

2. The judgment that the defendant recognized the crime and divided it, and that it is the first offender who has no record of crime, and the fact that the crime of this case was committed in the attempted crime is favorable to the defendant.

However, in light of the applicable law of the crime of this case, the fact that the liability for the crime of this case cannot be deemed to be light, and that there is no agreement with the victim or no recovery from damage until the trial of the case, etc. is disadvantageous to the defendant.

In addition, considering the motive and background of the instant crime, the means and consequence thereof, the circumstances after the instant crime, the Defendant’s age, career, character and conduct, environment, etc., and the various sentencing conditions shown in the pleadings, the lower court’s punishment cannot be deemed unreasonable.

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

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