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(영문) 인천지방법원 2017.08.18 2017노826
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 (five million won punishment, five million won, and forty hours of orders to complete sexual assault treatment programs) is too unreasonable.

2. The fact that the Defendant made a confession of criminal facts and recognized his/her mistake when he/she was in the first instance, is favorable to the Defendant that he/she has no other criminal records except for punishment of a fine of KRW 300,000.

On the other hand, the fact that the crime of this case committed by the defendant is poor, that the defendant did not reach an agreement with the victim, and that the defendant denied the crime in the court below, which led to the defendant's appearance in the court below and testified the fact of damage. Thus, the defendant can be viewed as having suffered two pains to make the victim state a good memory in the court in addition to the suffering from the crime.

In full view of the following circumstances, including the Defendant’s age, sex, occupation and environment, and the background leading to the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable due to the fact that the lower court’s punishment is too unreasonable.

Therefore, the defendant's improper argument in sentencing is rejected.

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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