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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2017.05.19 2017노35
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant's appeal-based summary of the grounds of appeal is too unreasonable (the imprisonment of eight months, the suspension of execution of two years, the community service order 120 hours, and the lecture attendance order for sexual assault treatment 80 hours) that the court below sentenced is too unreasonable.

2. The judgment is the first offender, the defendant reflects the wrongness while committing the crime, the fact that the victim agreed with the victim at the investigation stage, and actively receiving mental and medical treatment while doing not reach the second offense, and the fact that social ties are obvious is favorable to the defendant.

On the other hand, the crime of this case is committed by the urban bus in which the defendant, who was a public educational official at the time, intentionally accessed the victim and committed an indecent act by intentionally approaching the victim's sound, etc., and thus, the crime is not good, and the victim suffered significant mental shock and suffering from the crime. The defendant was committed with similar crimes, and the defendant committed the crime of this case since he was subject to a conditional suspension of indictment on completion of the educational program on August 31, 2016. In addition, comprehensively taking account of all the sentencing conditions of the defendant's health status, age, sex, environment, family relationship, etc., as well as all the sentencing conditions specified in the argument of this case, such as the defendant's health condition, age, sex, family relation, and circumstances after the crime, the sentence of the court below seems to be unfair and unreasonable.

Therefore, the defendant's assertion is without merit.

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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