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(영문) 인천지방법원 2017.01.25 2016노4235
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized by the court below, that the injured person does not want the punishment of the defendant by agreement with the victim, and that the first offender is the first offender, etc. However, in light of the content and circumstances of the crime of this case, the quality of the crime of the defendant is not easy after the court below was sentenced, and there is no special change in circumstances after the court below was sentenced. In full view of all the sentencing conditions of this case, such as the defendant's age, sexual behavior, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the defendant above, the court below's punishment is too unreasonable

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Article 25 (1) of the Regulation on Criminal Procedure). However, the "application of the law" of the court below ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure is corrected as "Article 298 of the Criminal Act" to "Article 299 and Article 298 of the Criminal Act" in relation to the crime of 1.

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