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(영문) 의정부지방법원 2020.10.29 2020노1093
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (the original sentence: 10 months of imprisonment, 80 hours of completing sexual assault treatment programs, and 3 years of employment);

2. We examine the judgment, the defendant's confession of the crime of this case, and the fact that there is no criminal history exceeding the same kind of punishment or fine in the past may be considered as favorable circumstances to the defendant. However, in light of the object and circumstances of the crime of this case and the method of the crime of this case, the defendant's liability for the crime of this case is not less light, and the defendant did not receive a written request from the victim until the trial was held, and the sentencing conditions under Article 51 of the Criminal Act are equally taken into account, we affirm the determination of the punishment imposed by the court below

(On the other hand, although the court below adopted a video file CD as evidence by the prosecutor, without examining evidence pursuant to Article 292-3 of the Criminal Procedure Act and Article 134-8(3) of the Regulation on Criminal Procedure, it erred in the explanation of an internal investigation report analyzing the above video file CD as evidence, the court below did not affect the conclusion of the judgment since it can be found guilty of facts charged as other evidence

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

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