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(영문) 대전고등법원 (청주) 2013.12.26 2013노179
강제추행치상등
Text

The guilty portion of the judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (two years and six months of imprisonment, 40 hours’ order to complete a sexual assault treatment program, 3 years of information disclosure, 3 years of information disclosure, and 3 years of notification information) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor (two years and six months of imprisonment, 40 hours’ order to complete sexual assault treatment programs, 3 years of disclosure of information, and 3 years’ notification information) is too uneased and unreasonable.

2. The judgment on the assertion of unreasonable sentencing by the Defendant and the prosecutor should also be seen as well.

The crime of indecent act by compulsion in this case committed by the Defendant is an unfavorable circumstance against the Defendant, such as: (a) the Defendant committed an indecent act by compulsion against the victim who was a minor victim before and after the Defendant was committed; (b) the victim’s chest and fluor, etc., and suffered bodily injury in the process; and (c) the thief committed by the Defendant against the young female who is vulnerable to the crime; (d) the crime of larceny is not easy; and (e) the crime is not good due to poor methods of the crime; and (e) the victims might have suffered considerable shock and damage due to each of the crimes in this case.

However, in full view of the following: (a) the Defendant recognized each of the instant offenses; (b) there is no history of criminal punishment; (c) the Defendant deposited KRW 500,00 to the victim I in the trial process of the party trial (the cellular phone, which is the damaged goods, was temporarily returned to the victim I during the investigation process); (d) the victim expressed his/her intent not to be punished by the Defendant under an agreement with the victim E; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s previous conviction, age, character and conduct, family environment, the method and consequence of the instant offense; and (e) the circumstances after the crime, etc., the lower court’

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. Conclusion, the defendant.

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