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(영문) 대구지방법원 2017.07.07 2017노1941
강제추행등
Text

The defendant's appeal is dismissed.

The period of the registration of personal information against the defendant shall be ten years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact (in relation to forced indecent act part), did not have the victim shot, but did not commit an indecent act by force against the victim, as the victim did not have personnel management of the Defendant.

B. The punishment sentenced by the lower court (ten months of imprisonment and forty-hour order of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant alleged that this part of the appeal was similar to the grounds for appeal, and the lower court, on the other hand, rejected the above assertion in detail, and found the Defendant guilty of this part of the facts charged.

In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below in light of the records of this case, the court below's finding the guilty of this part of the facts charged is justified and acceptable, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

shall not be required to do so.

This part of the defendant's assertion is without merit.

B. Although there are favorable circumstances for the defendant, such as the defendant's agreement with the victim that the damaged person wants to have the prior domicile of the defendant and the fact that the defendant has no record of punishment as a sexual crime, the defendant has a total nine times of punishment, including three times of suspended execution due to violent crimes, and the defendant does not seem to have a strong attitude against the defendant's act of indecent acts on the grounds that it is difficult for the defendant to be able to understand from the investigative agency to the trial, and in addition, considering all the circumstances of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable, and therefore, this part of the defendant's assertion is also argued.

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