logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.15 2018노2802
준강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of and reflects on the instant crime, that the victim has agreed to pay KRW 10 million to the victim, and that he/she is receiving mental treatment to solve his/her problem.

However, on February 17, 2017, the Defendant was sentenced to imprisonment for one year and six months as a crime of quasi-rape, and three years as a suspended sentence and repeated the same crime at the same time without being aware of even though he/she had been sentenced to a suspended sentence (a sex crime committed by the Defendant to the residence of the Defendant is similar in that it committed a sex crime). Meanwhile, the Defendant appears to have caused the victim's severe mental shock and sexual humiliation due to the instant crime, the means of access transferred by the Defendant was used for the crime of fraud, and other factors such as the Defendant's age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and all other factors of sentencing as shown in the instant argument, even if the judgment of the court below becomes final and conclusive, it cannot be determined that the Defendant's punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

arrow