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(영문) 인천지방법원 2016.06.15 2016노1021
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. The fact that the defendant led to the crime of this case and recognized his mistake is favorable to the fact that he did not have the same criminal record.

However, even though the mental impulse of the victim caused by the instant case seems to be significant, it has not been recovered from damage. The defendant's assertion is without merit, since the court below's punishment is too excessive and unfair, considering the defendant's unfavorable circumstances such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the instant crime, and all other factors of sentencing as shown in the records and the theory of changes, such as the fact that the defendant was placed in the court below's favor by taking into account the favorable circumstances of the defendant, and there is no change of circumstances to be reflected in the sentencing.

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

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