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(영문) 서울북부지방법원 2018.04.05 2017노1941
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in punishment, and 24 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, that the defendant has no record of criminal punishment, and that the defendant agreed with the victim is favorable to the defendant.

However, in full view of all the sentencing conditions on the records of this case and the theory of changes, including the fact that it appears that the victim's mental damage caused by the crime of this case seems not to be considerable, and that the court below determined the punishment in consideration of the circumstances favorable to the defendant was already favorable to the defendant, and that there was no change in circumstances that could change the sentence of the court below in the appellate trial, the sentence imposed by the court below is too unreasonable and is exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's 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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