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(영문) 대전지방법원 2017.01.25 2016노3140
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that there are favorable circumstances, such as the defendant's time to commit the instant crime.

However, according to the circumstances such as the following: (a) the extent of the indecent act committed by the Defendant is considerably heavy; (b) the indecent act committed by the Defendant is bad; (c) repeated indecent act by threatening the refused victim; (d) the victim appears to have been suffering of considerable sexual humiliation due to the instant crime; (c) the victim was unable to agree with the victim; (d) the Defendant committed the instant crime without any consent; and (e) the Defendant again committed the instant crime even though he had the history of punishment for the sexual crime, and (e) the Defendant again committed the instant crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, 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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