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(영문) 서울중앙지방법원 2018.10.11 2018노1259
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the Defendant’s appeal is that, at the time of the instant crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime, and even if not, the Defendant was sentenced to punishment by the lower court (3 million won, and 24 hours ordered to complete a sexual assault treatment program) was excessively unreasonable.

2. The lower court also has sufficiently explained the following circumstances: (a) the Defendant had no or weak ability to discern things or make decisions due to the Cho Jae-si at the time of committing the instant crime, taking into account the following circumstances, such as the background, means, details and part of the instant crime, and the Defendant’s conduct before and after the instant crime.

It does not seem that it does not appear.

3. In addition, the lower court determined the sentence in consideration of the circumstances that the Defendant suffered from her early childhood and the remaining favorable circumstances claimed by the Defendant, and there is no change in circumstances where a minor sentence should be sentenced than that of the lower court.

4. Therefore, 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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