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(영문) 춘천지방법원 강릉지원 2015.12.24 2015노590
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (two years of imprisonment, two years of suspended sentence, 40 hours of probation and 40 hours of lecture for sexual assault treatment, and two years of order for disclosure of information) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected the instant crime, and that the Defendant did not have any criminal record exceeding the fine is favorable to the sentencing.

On the other hand, the Defendant committed the instant crime again even though he/she had been sentenced to a fine of five million won or more for the same crime on August 23, 2012 due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Chuncheon District Court (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes). According to the records, the Defendant committed the instant crime at the time of the instant case, such as not only the instant crime but also the circumstance where the Defendant tried to take the body of another female in a mobile phone camera or attempted to commit any other indecent act by force outside the instant case is discovered. Considering the Defendant’s criminal record, the Defendant’s criminal record appears to have a considerable risk of repeating

In addition, comprehensively taking account of the motive, circumstance, means and consequence of the instant crime, the Defendant’s age, character and conduct, environment, and other various sentencing conditions as shown in the records and arguments, it cannot be said that the Defendant’s punishment is too heavy or too unreasonable.

Defendant

The prosecutor's assertion is without merit.

3. In conclusion, the appeal filed 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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