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(영문) 전주지방법원 2020.11.12 2020노1038
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s imprisonment (one year of imprisonment and one year of order to complete a sexual assault treatment program, as seen in paragraph (3) is an obvious clerical error in the completion of the sexual assault treatment program, and the “degree of sexual assault treatment” under Section 13 of the first sentence of the lower judgment is unfair. 40 hours and three years of the employment restriction order) is too unreasonable.

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant has divided and reflected his criminal act, and that the defendant is the first offender.

However, the Defendant committed an indecent act against the victims with whom he was aware of his family members, and some of the crimes of this case were committed simultaneously with each victim on the same day. Each of the crimes of this case is considerably poor in light of the relationship with the victims, the circumstances leading up to the crime, the method and frequency of the crime, etc., and the victims seem to have undergone considerable sexual humiliations or humiliations due to each of the crimes of this case, and the fact that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant.

In addition, considering the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below is too unreasonable.

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.

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the first through fourth pages of the judgment of the court below shall be corrected ex officio as follows:

In Part 13 of the first sentence, the defendant shall be ordered to attend the sexual assault treatment course for 40 hours. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours."

The second page’s “video CDs by indecent act” shall be deleted.

[Examination of evidence on video recording media stored in computer disks, etc. should be conducted by reproducing them and viewing them (Article 292-3 of the Criminal Procedure Act, Regulation on Criminal Procedure).

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