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(영문) 서울고등법원 (춘천) 2015.09.09 2015노131
준강제추행
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence (six months of imprisonment) of the lower court is too unreasonable.

Considering the favorable circumstances, such as the Defendant and the person subject to a request to attach an order (hereinafter referred to as the “Defendant”)’s confession in committing a crime, the fact that the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”), agreed with the victim, and the degree of force of the use is not severe, and the Defendant committed the instant crime without being informed at the point of two times from the date the judgment on the suspension of execution of the same crime became final and conclusive, and the victim committed the instant crime without being able to reach two times, and the victim, as seen in the other male juveniles’ sexual organ, committed the instant crime at an unfavorable point, such as the risk of recidivism, and other unfavorable sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the lower court’s punishment

As long as the defendant filed an appeal against the accused case regarding the part of the case claiming an attachment order, it shall be deemed that he/she filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders. However, the defendant's petition of appeal or the statement of grounds of appeal does not state the grounds for appeal regarding it, and the judgment of the court below shall not find the grounds for reversal

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders because the defendant's appeal is groundless.

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