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(영문) 의정부지방법원 2017.02.07 2016노3193
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (limited to six months of imprisonment, two years of suspended sentence, two years of community service, 200 hours of attendance order for sexual assault treatment, and 40 hours of attendance order for sexual assault treatment).

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects it, the defendant is the primary offender, and the defendant is a student who has yet to be aged.

B. However, the Defendant committed an indecent act on the part of the victim at the night with the victim's sound mind, and the nature of the crime is very poor. As a result, the victim has received a big mental impulse, the victim has not been agreed with the victim, and no measures have been taken to protect the victim, there is no special change in circumstances after the decision of the court below was made, and there are other various circumstances that are conditions for sentencing specified in the argument of the instant case, including the Defendant's age, the process of the crime, and the circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the court below's punishment is too unreasonable.

Therefore, the defendant's above 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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