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(영문) 수원지방법원 2017.06.15 2016노8007

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal grounds of each of the instant offenses is as follows: (a) the Defendant, who is a Taekwondo criminal, committed several times by taking advantage of occupational force against the victim, who was employed as an assistant criminal after taking Taekwondo from the Defendant's seal for several years; (b) the victim committed indecent acts by taking advantage of the victim's resistance situation where the victim cannot resist at sobry, and the chest and her tack were taken out by taking advantage of the victim's resistance situation where the victim cannot resist and commit so; and (c) the victim wants to punish the Defendant, the court below's sentence that sentenced the order to attend sexual assault treatment lectures for 80 hours and the order to provide community service for 120 hours is unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unfair, and thus, the above assertion is without merit, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments in the instant case, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime.

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