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(영문) 의정부지방법원 2015.10.20 2015노1688
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (five months of imprisonment and forty hours of imprisonment for sexual assault treatment programs) is too unreasonable;

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects it, and that there is no record of criminal punishment for the same crime.

B. However, the crime of this case was committed on several occasions by committing indecent acts such as bucks and bucks, chests and kacks, etc. on several occasions, and the degree of such indecent acts is serious and the nature of the crime was very poor. The victim was heard from the defendant at the time, and was recommended for employment, so it seems that it was difficult for the defendant to refuse to commit the indecent act. The victim could not have suffered mental shock and suffering suffered at the time. The victim did not receive a letter from the victim, and the victim wanted punishment against the defendant. On December 12, 2013, the crime of this case was committed 8 months of imprisonment with prison labor, 2 years of suspended execution, and 2 years of suspended execution, and without being able to do so despite being sentenced to the suspension of execution, and even if she had been under the suspension of execution, the court below did not determine that the sentence of this case was invalidated by taking into account the following circumstances: the defendant's age, character and behavior, environment, motive and circumstances leading to the crime of this case, and other circumstances before and after the crime.

C. 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.

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