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(영문) 부산지방법원 2018.01.12 2017노3732
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 7 million, and an amount of KRW 40 million for sexual assault treatment programs) is too unreasonable (the Defendant withdrawn the remainder of the grounds for appeal on the first trial date of the first trial of the lower court). 2. The Defendant did not have the same criminal record but did not have the same criminal record, and the Defendant committed the instant crime during the period of suspension of execution while being tried for a criminal case by himself/herself, and the Defendant was committed the instant crime while he/she was under the suspension of execution, and did not have committed the instant crime with due care or endeavor to recover damage.

In addition, considering various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, and background of crime, and equity with the punishment of the same and similar cases, the lower court’s sentence is more severe than Defendant’s mistake.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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