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(영문) 서울서부지방법원 2015.04.30 2014노1552
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of five million won and the order to complete a sexual assault treatment program 40 hours) declared by the court below is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant who led to the confession of a crime; (b) the defendant did not have the same criminal record; and (c) the defendant did not have any record of punishment heavier

However, the fact that the method of the crime of this case or the nature of the crime is not good, and that there is no agreement with the victim or no recovery from damage until the trial of the case, etc. are disadvantageous to the defendant.

In addition, considering the motive and background, means and consequence of the instant crime, the circumstances after the instant crime, Defendant’s career, character and conduct, environment, etc., as well as the various sentencing conditions shown in the records and pleadings, the sentence of the lower court cannot be deemed unfair.

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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