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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.08.10 2017노3758
준강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the Defendant’s appeal grounds (unfair sentencing) recognizing and opposing the Defendant’s mistake, the Defendant committed the instant crime contingently, leading to marriage, and expressed the intent that the victim of the damage to property does not want the Defendant’s punishment, etc., the lower court’s sentence ordering the Defendant to complete the program of treating sexual assault for eight months and forty hours is too unreasonable.

2. Determination

A. The instant crime of determining the illegality of sentencing is not highly likely to be committed because the Defendant committed an indecent act by making use of the victim’s bucks, which was buck in drinking together with pents, and caused damage to the victim’s male-gu and body fighting, which is the main owner of pentbuck, by damaging the victim’s G buckbucks by drinking. The Defendant was sentenced two years and six months to imprisonment with prison labor on March 4, 2016 for special intimidation, etc., and the Defendant was sentenced on April 4, 2016 after the execution of the sentence was completed on July 9, 2015, by taking account of the following facts: (a) the Defendant was sentenced to a suspended sentence of imprisonment with prison labor on July 201 and June 200; and (b) the Defendant’s motive and reason for the instant crime of indecent act, etc., which became final and conclusive during the period of suspended sentence; and (c) the Defendant’s aforementioned crime of indecent act, etc., and thus, was not subject to criminal punishment.

B. Where a criminal act committed by force, which is a sex offense subject to ex officio judgment (the registration period of new information), becomes final and conclusive, the Defendant is subject to special cases on the punishment, etc. of sexual crimes.

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