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(영문) 창원지방법원 2015.06.11 2015노378
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (two years of suspended sentence for eight months of imprisonment, eight hours of community service, and forty hours of attendance required for the prevention of recidivism of sexual assault crimes) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected, and that an agreement has been reached with the victim.

However, the crime of this case is an indecent act committed by the Defendant by inducing the victim, her chest and her tam, and the victim seems to have been subjected to considerable mental impulse due to the crime of this case, and the degree of indecent act is not somewhat minor, and the defendant has a record of criminal punishment of fines for the same kind of crime around 2010. Considering the balance with criminal punishment for other crimes similar to the crime of this case, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and other various circumstances that are conditions for the punishment as indicated in the arguments and records of this case, it is not recognized that the punishment imposed by the court below is excessively unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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