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(영문) 대전지방법원 2019.06.12 2018노3097
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court’s punishment (e.g., an order to complete sexual assault treatment programs) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant recognized and reflects the Defendant’s mistake; (b) the agreement with the victim; (c) the degree of indecent act is relatively minor; (d) the Defendant’s family has no criminal record; and (c) the Defendant’s family members want to take the Defendant’s preference against

On the other hand, in light of the motive of the crime and the circumstances before and after the crime, etc., the liability for the crime is not easy, and the mental shock and sexual humiliation that the victim received due to the crime in this case is reasonable, and it seems difficult to recover it easily, etc., are disadvantageous to the defendant.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

3. In conclusion, 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. It is so decided as per Disposition.

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