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(영문) 서울고등법원 2016.09.02 2016노1668
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (two years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The lower court, based on the circumstances favorable to the Defendant and the favorable to the Defendant, and the scope of the recommended sentencing guidelines established by the Sentencing Committee (two years to four years of imprisonment), sentenced two years and six months of imprisonment with labor, which is the lowest sentenced by law.

In the first instance court, even though the Defendant led to the confession of the crime and deposited money as the name of compensation for damages, the sentencing of the lower court seems to have exceeded the reasonable bounds of discretion, or there is no circumstance that it is unreasonable to maintain the sentencing of the lower court, in full view of various sentencing conditions revealed in the proceedings of the present case.

In addition, even if the Defendant’s character, environment, circumstances, and result of the crime, etc. are considered, it is difficult to deem that the sentence of the lower court is unreasonable due to the lack of sentence.

The defendant's ground of appeal is without merit.

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

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