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(영문) 청주지방법원 2014.04.11 2013노956
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, and the taking of sexual assault treatment lectures for forty hours) is too unreasonable;

2. The fact that the Defendant recognized the instant crime and reflected, etc. is favorable to the Defendant.

However, the extent of the indecent act in this case is severe, and the victim seems to have suffered a great sense of sexual humiliation, and there is no circumstance to deem that the victim was punished and took other measures for the recovery of damage, etc., the defendant's age, character and behavior, family relation, background and motive of the crime, circumstances after the crime, the circumstances after the crime, the same criminal records were prosecuted at the Cheongju District Court on June 8, 2007, and thus dismissed by mutual consent with the victim.

Considering the various sentencing conditions indicated in the record, the lower court’s punishment is too unreasonable even considering the circumstances asserted by the Defendant.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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