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(영문) 서울남부지방법원 2016.11.24 2016노708
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant has no economic ability to pay a high amount of fine, and the sentence (three million won of fine) imposed by the lower court is too heavy.

B. An order to disclose personal information issued by the court below and an order to complete a sexual assault treatment program for 40 hours is excessively harsh to the defendant.

2. Determination

A. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment in light of the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant as the grounds for appeal.

B. The Defendant asserted that an order to disclose personal information issued by the lower court was harsh, but the lower court did not issue an order to disclose personal information to the Defendant on the grounds indicated in the judgment, and the Defendant’s above assertion is without merit.

C. The Defendant asserts that the order to complete a sexual assault treatment program was complete for 40 hours as declared by the lower court.

According to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a court declares a guilty verdict on a person who has committed a sexual crime, an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program (hereinafter referred to as "order to complete a sexual crime") shall be issued concurrently for a period not exceeding 50

Therefore, the court below should order the defendant who committed the crime of indecent act by compulsion, which is a sexual crime, to complete the program simultaneously, and it is not determined that the defendant ordered 40 hours to complete the program in light of the circumstance where the defendant committed the crime of indecent act by compulsion, and the method and method thereof.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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