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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.08.18 2016노1635
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case is an indecent act committed by the defendant on two occasions, and the nature of the crime is not good, the crime of this case was committed with considerable mental suffering and pain to the victim, the defendant did not agree with the victim up to the trial. In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, the sentence of the court below is too unreasonable. Thus, the above assertion by the defendant is without merit.

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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