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(영문) 서울서부지방법원 2018.01.18 2017노1407
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment and 40 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. There are no circumstances to consider the Defendant’s mistake, such as: (a) the Defendant has recognized his/her own mistake; and (b) his/her assault or intimidation is not prior to committing an indecent act.

However, despite the fact that the Defendant had been punished for the same kind of crime, including punishment, several times, the Defendant again committed the instant crime, and did not receive a letter from the injured party, and there is no significant change in circumstances in the past.

In full view of other circumstances, such as the Defendant’s age, sex, intelligence and environment, the background leading up to the instant crime, the means and methods of committing the crime, and the circumstances after committing the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, and thus, the Defendant’s above assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed. It is so decided as per Disposition.

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