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(영문) 창원지방법원 2015.10.20 2015노1744
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (one year of suspended execution and forty hours of sexual assault therapy in four months of imprisonment) declared by the court below is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

However, the crime of this case was committed under the circumstances unfavorable to the defendant, such as the fact that the defendant puts his hand in his clothes and attempted to take the part of the victim's breast, and that the degree of indecent act is not less severe than that of the victim, and that the victim seems to have suffered considerable mental impulse due to the crime of this case. Considering the balance with criminal punishment against other crimes similar to the crime of this case, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and other various circumstances that form the conditions for the argument of this case and the sentencing as shown in the records, it is not recognized that the punishment imposed by the court below is unfair because it is excessively excessive.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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