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(영문) 대전지방법원 2018.05.30 2018노44
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is unfair, because it is excessively unreasonable.

2. It is desirable to respect the sentencing of the court of first instance by destroying the judgment of the court of first instance on the ground that the sentencing of the court of first instance falls within the reasonable scope of discretion, even though the sentencing of the court of first instance falls within the reasonable scope of discretion, and the sentencing of the court of first instance is not different from the opinion of the court of appeal (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, it is desirable to refrain from imposing a sentence without any difference between the court of first instance and the court of first instance (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principles, the court below determined the sentence within a reasonable scope by fully considering the overall circumstances of the Defendant’s sentencing, such as the fact that there is no previous criminal conviction, confession and depth agreed with the victim, and there is no change in the sentencing conditions in comparison with the court of appeal.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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