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(영문) 청주지방법원 2016.08.12 2016노531
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair due to the excessive reduction of the punishment sentenced by the court below (a punishment of August, 40 hours of imprisonment, orders to complete sexual assault treatment programs) and that the prosecutor asserts that the punishment sentenced by the court below is too uneasible and unfair.

2. In the instant case where the Defendant, who was sentenced to a multiple severe punishment for a sex offense, sent most of the young cirs to a prison and sent them to a prison, committed an indecent act against his/her relatives, and the Defendant committed a crime interfering with the performance of official duties by assaulting a police officer, it is inevitable to strictly punish the Defendant.

However, the defendant seems to have a serious reflect on his own life.

In addition, the defendant does not want the punishment of the defendant by mutual consent with the victim of the crime of forced indecent conduct, and there is no record that the victim has been punished for the crime of interference with the execution of official duties until the defendant has yet to be punished.

In addition to all the sentencing conditions, including the Defendant’s age, sex, intelligence, and environment, the lower court’s sentence that sentenced eight months of imprisonment within the sentencing criteria is too heavy or excessively unhued so as to deviate from the scope of discretion.

It does not appear.

Therefore, each of the defendant and the prosecutor's argument of sentencing is not accepted.

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

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