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(영문) 대전지방법원 2016.06.01 2015노3906
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence on six months of imprisonment, and forty hours of lecture for treatment of sexual assault) is too unreasonable.

2. Determination may be recognized as favorable circumstances, such as the defendant's awareness of all the crimes of this case, the victim's failure to want punishment by agreement with the victim, and the defendant has no record of punishment for the same kind of crime.

However, the fact that the extent of the use by the defendant is remarkably large and that the victim seems to have suffered a considerable mental impulse, and that the degree of damage is less severe.

In light of the fact that the defendant cannot be seen, and in light of the fact that the investigation agency denied the crime, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and the fact that there is no special change in the sentencing conditions that include the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, there is no change in circumstances that make it difficult for the lower court to determine the sentence differently from the lower court, the lower court’s punishment is too unreasonable.

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.

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