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(영문) 대전지방법원 2017.06.21 2016노3123

The defendant's appeal is dismissed.


1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, that there was no record of criminal punishment, other than the fact that the Defendant was punished by a fine due to the instant crime in around 1999, and that the Defendant deposited a total of four million won for the victim.

However, the degree of injury suffered by the victim is relatively serious.

The fact that the victim seems to be, and the fact that the victim is strongly willing to punish the defendant is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.