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(영문) 창원지방법원 2016.10.13 2016노1352
강제추행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (7 million won of fine, and 40 hours of completion of sexual assault treatment programs) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unreasonable, and the prosecutor is too unhued and unfair.

2. We examine the judgment, and the fact that the defendant committed the crime during the suspension period of execution due to the violation of the law committed by the crime of violence, etc. (a deadly weapon, etc.) is an unfavorable reason for sentencing, and the fact that the defendant led to the confession of the crime, and that the defendant agrees with the victim, and that there is no same criminal record is an favorable reason for sentencing

In full view of the degree of indecent act committed against the above sentencing factors, the Defendant’s age, environment, character and conduct, career, economic situation, circumstances after the crime was committed, and all other matters pertaining to the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed appropriate. Therefore, the Defendant’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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