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(영문) 대구지방법원 2020.02.14 2019노4887
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (Article 2019No. 953 at the time of sale: Imprisonment for eight months, and Article 2019No. 1068: Imprisonment for two months, and orders to complete sexual assault treatment programs) is too unreasonable.

2. The judgment of the Defendant is recognized that: (a) the Defendant recognized all of the instant crimes; (b) there is no charge of punishment; (c) there is no criminal charge of indecent act by compulsion and confinement; (d) the fraud fraud of the instant case is not the amount of KRW 7 million in total; (c) health is not good; and (d) the indecent act by compulsion and confinement of the instant case committed on September 30, 2016, by which the judgment of a suspended sentence of two years has become final and conclusive on September 30, 2016 and the latter concurrent crimes of Article 37 of the Criminal Act should be considered

However, the crime of indecent act by compulsion and confinement of this case is an indecent act committed by forcing another woman-friendly Gu to commit an indecent act, and committed an indecent act. The nature of the crime was bad, the victim did not agree with the victim B, and the victim was attempted to escape from the criminal investigation, the victim was unable to agree with the victim of this case, and the defendant was already convicted of having been sentenced to a total of three times of punishment including one time of suspended sentence of imprisonment due to the crime of fraud, and the crime of this case was committed during the suspended sentence period, and was punished five times of suspended sentence of imprisonment for the crime of this case including one time of suspended sentence of imprisonment.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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