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(영문) 울산지방법원 2018.02.01 2017노1613
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Circumstances favorable to the reasoning of appeal: The defendant shows an attitude against the defendant, recognizing the crime of this case.

The defendant seems to have endeavored to reach an agreement with the victim.

D. Unfavorable circumstances: The crime of this case is the place of the prosecution, the degree of the prosecution, etc., and the crime of this case is bad.

The defendant has been punished twice as an indecent act in a soup room (one time of suspension of execution and one fine).

A injured person is punished for the defendant.

In light of the following factors: (a) the Defendant’s age and character environment, including the above favorable circumstances; (b) relationship with the victim; (c) the motive and consequence of the commission of the crime; and (d) all the sentencing conditions indicated in the arguments and records of the instant case including the circumstances after the crime; and (b) the basic area (not less than 13 months to 2 years) of the crime of forced indecent act (not less than 13 years of imprisonment) under the general criteria for the crime of indecent act in accordance with the sentencing guidelines (not less than 6 months to 2 years of general), it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

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 without merit.

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