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(영문) 창원지방법원 2017.10.26 2017노2267
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (five million won in punishment, and forty hours in completion of sexual assault treatment programs) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unreasonable, and the prosecutor is too unfasible and unfair.

2. The conclusion of the judgment is based on the following circumstances: (a) the defendant acknowledges and reflects his mistake; (b) the defendant has no same kind of criminal records; and (c) the defendant has no agreement with the victim; and (d) the defendant has a criminal history of 10 times, including the criminal records before the suspension of execution.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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