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(영문) 수원지방법원 2016.08.18 2016노378
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes and reflects the defendant's error, the fact that the defendant committed the instant crime by drinking alcohol and contingently, and is receiving mental treatment with depression and not re-offending;

In light of the fact that the victim expressed his/her intention that he/she does not want the punishment of the defendant, and that the defendant has no record of being punished for the same kind of crime or of being sentenced to criminal punishment exceeding the fine, the sentence of the court below that sentenced the order to attend the lecture for treatment of sexual assault for 2 years and 40 hours is too unreasonable.

2. The crime of this case was committed on the way of the defendant's way by drinking the male and female suffering from drinking at the telecom, drawing the victim's own body, inducing the victim's sexual organ as soon as possible with his hand, and it is not good to form a crime. The situation where the victim expressed his intent that he does not want the defendant's punishment was already reflected in the court below's favorable reasons for sentencing, and there is no special change of circumstances that may be considered in sentencing at the court below's trial. Considering the motive and background of the crime of this case, the circumstances before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing such as the defendant's character and behavior, environment, etc., the above argument is not reasonable because the court below's punishment alleged in the grounds for appeal is too unreasonable, considering the circumstances stated in the grounds for appeal.

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

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