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(영문) 서울중앙지방법원 2017.06.29 2017노1452
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. In full view of the background and method of the instant crime, the Defendant’s act before and after the instant crime was committed, and the circumstances subsequent to the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical loss, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but was in a state where the ability to discern things or make decisions

Therefore, the defendant's above assertion is without merit.

B. Although there are favorable circumstances such as the fact that the Defendant recognized the error of judgment as to the wrongful argument of sentencing, and the fact that there was no previous conviction of the same kind, considering the following factors: (a) the crime of this case is not bad in quality; (b) the victim did not reach an agreement; and (c) the Defendant’s age, sexual conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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