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(영문) 서울북부지방법원 2014.07.03 2014노452
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (2 million won of fine and 16 hours of sexual assault treatment program) imposed by the court below against the defendant is too unreasonable.

2. Although the judgment is based on the fact that the defendant's mistake is recognized and there is no history of punishment other than the punishment imposed once due to the violation of the Road Traffic Act (driving). However, considering the above circumstances favorable to the defendant, the court below seems to have determined the punishment against the defendant by fully considering the circumstances favorable to the defendant. The victim appears to have suffered serious mental pain, such as prescribing the mental and physical weakness due to the crime of this case in which he has committed a breach of the ordinary trust relationship of the defendant and attempting to do self-harm. In addition, considering the motive and background leading up to the crime of this case, the defendant's age, character and conduct, environment, family relationship, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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