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(영문) 수원지방법원 2016.08.18 2016노382

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes the Defendant’s mistake and reflects the Defendant; (b) the Defendant committed the instant crime by contingency under the influence of alcohol; (c) the university students who are yet aged and wished to be a public official; (d) the victim expressed his intent that he does not want the Defendant’s punishment; and (e) the Defendant has no record of criminal punishment, the sentence of the lower court ordering a fine of KRW 3.5 million and an order to complete a sexual assault treatment program

2. The crime of this case is deemed to have been committed by the court below because the defendant satisfyd and escaped once, and the nature of the crime is not good. The fear and sexual humiliation of the victim satisfyd are deemed to have been made reasonable; the defendant recognized the defendant's mistake and expressed his intention that the victim would not want the punishment of the defendant at an investigative agency; and there are no special changes in circumstances that may be considered in sentencing at the court below. Considering the motive and circumstance of the crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters provided for in Article 51 of the Criminal Act, such as the defendant's character and behavior, environment, family relationship, etc. as alleged in the grounds of appeal, the above argument is not reasonable because the court below's punishment is too unreasonable, considering the circumstances alleged in the grounds of appeal.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

참조조문