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(영문) 대구지방법원 2019.06.21 2019노1381
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflects the fact that the defendant committed the crime of this case, the prevention of recidivism, the payment of KRW 500,000 to the victim B, the distance of driving in this case is relatively less than 500 meters, the support for the elderly in the course of operation, the economic situation is not good, and the family and the branch of the defendant want to find the defendant's wife.

However, it is recognized that the defendant has already been punished four times in total due to drunk driving, including two times of suspended sentence, and that there is a total of four times of injury crimes, and that the risk of recidivism is high in light of the repetition of the same kind of crime, and that the blood alcohol concentration in this case is 0.169% high.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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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