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(영문) 서울중앙지방법원 2015.05.22 2015노5

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of a fine and forty hours of an order to attend a sexual assault treatment program) is too unreasonable.

2. The judgment is a favorable condition for the defendant's confession, the fact that the defendant is against the victim, the agreement with the victim, and the fact that the defendant does not have the same criminal power.

However, in light of the fact that the crime of this case is highly likely to be subject to criticism due to an indecent act by means of deceiving the body of the victim in relation to his duties and facing him, etc., and all of the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.