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(영문) 대전고등법원 2014.05.30 2014노94
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years and six months of imprisonment, 120 hours of order to complete sexual assault treatment programs, and 5 years of order of disclosure notification) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant did not have the same criminal record as to the grounds for appeal; (b) there was no record of punishment other than the two-time fine; (c) the degree of injury inflicted on the victim is relatively heavy; and (d) the Defendant deposited seven million won for the victim in the trial.

However, in light of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the lower court, within the recommended range of the sentencing guidelines, cannot be deemed unfair because the sentence of the lower court, within the recommended range of the sentencing guidelines, is too unreasonable, is deemed to be too unreasonable.

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

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