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(영문) 대전지방법원 2019.06.12 2018노3032
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment with prison labor for six months and two years of suspended execution, and order to attend lectures) is too unreasonable.

2. The fact that the judgment is against the defendant's attempt to commit an offense, that is the primary offender who has no criminal records, that is likely to have committed an contingent crime, and that the victim has paid the amount of 7 million won to the victim and agreed to pay it is favorable to the defendant.

However, the fact that the defendant's indecent act is not less severe, and that the victim seems to have suffered a considerable mental shock by committing an indecent act in the night.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be so excessive that the lower court’s sentencing is beyond the reasonable scope of discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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