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(영문) 대전지방법원 2016.09.21 2016노1871
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (one year and six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 3 years of disclosure or notification order) is too unreasonable.

2. It is recognized that there are favorable circumstances such as the defendant's time to commit the instant crime and the fact that there is no record of punishment for the same kind of crime.

However, according to the circumstances such as the fact that the Defendant repeatedly committed the instant crime against a common prisoner during the guard, that the place where the Defendant committed the instant crime was a place where another prisoner is located, that the indecent act method is very bad and is very heavy, that the victim appears to have received considerable mental impulse due to the instant crime, and that the Defendant did not agree with the victim and did not recover from any harm, it is reasonable to impose a strict punishment on the Defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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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