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(영문) 의정부지방법원 2015.09.15 2015노1937
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment, confiscation, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. The Defendant committed a crime of assault, confinement, indecent act by compulsion, etc. against the victim for a long time, taken a photograph of the victim’s body body and sent it to others. The nature of the crime is very bad, the victim appears to have suffered serious physical and mental pain due to each of the crimes in this case, and the Defendant did not receive suspicion from the victim until the court of the trial, etc. are disadvantageous to the Defendant.

B. However, in full view of the following circumstances: (a) the Defendant made confessions of all of the instant crimes in the trial at the trial; (b) deposited KRW 20 million for the victim at the lower court; (c) the primary offender who has no record of criminal punishment; and (d) the Defendant’s age, details of the instant crime; and (c) other circumstances that form the conditions for sentencing as indicated in the argument at the time of the instant case, such as the circumstances after the commission of the crime, the lower court’s sentence is too somewhat

C. Therefore, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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