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(영문) 부산지방법원 2016.03.25 2015노3677
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair because he is too long so long as he is sentenced to the punishment of the court below (two years of suspended execution, forty hours of lecture attendance, and eight hours of community service order in six months), and that the prosecutor is too unfasible and unfair.

2. The crime of this case is deemed to have committed an indecent act against a female mixed at night, and the nature of the crime is not good in light of the motive, frequency, method, etc. of the crime, agreement with the victim, or failure to recover damage, etc. However, although it is acknowledged that the defendant has yet to be aged and has no record of criminal punishment, the defendant has no record of criminal punishment, and there are no circumstances or changes in circumstances that may be newly considered in sentencing after the judgment was rendered, and other various circumstances that form the conditions for sentencing specified in this case, including the defendant's age, sex, sex, environment, motive, circumstance, means, and consequence of the crime, circumstances after the crime, family relation, etc., the defendant's sentence imposed by the court below is appropriate, and it is not recognized that it is unfair because it is too hot or unfasible. Thus, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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