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(영문) 광주지방법원 2021.01.27 2020노261
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and forty hours of lectures for sexual assault treatment) is too unreasonable.

2. The Defendant shows his attitude to recognize and reflect all of his criminal acts.

The Defendant is an initial offender who has no criminal history.

The Defendant seems to have committed the first crime of this case in a contingent manner in the course of speaking the defect that the victim, who had yet been aged and experienced a sense, intends to go at home.

On the other hand, the degree of indecent act by the defendant does not seem to be negligible, and the victim seems to have suffered considerable mental pain by being involved in the crime of this case from the defendant who was a relative to the same university.

After the first crime of this case, it is not good that the Defendant committed the second crime in that the Defendant gets off a damaged taxi and repeated the second crime by driving away the victim from the house.

The victim is suffering from secondary damage within the university due to improper reference to the victim of the defendant.

The appeal was lodged.

In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's argument of sentencing is not accepted.

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.

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