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(영문) 수원지방법원 2016.12.15 2016노4243

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

In light of the summary of the grounds for appeal (unfair form of punishment) by defense counsel is against the defendant, and the defendant commits the crime of this case contingently in a congested bus, the victim expressed his/her intention not to be punished by the defendant due to damage from the defendant, there is no history of criminal punishment, the defendant and his/her family members are faced with serious difficulties in maintaining their livelihood, and the defendant's family members are leading the defendant by taking disciplinary action, such as dismissal, etc. in the workplace, if the sentence of the court below is finalized, it is unfair for the court below to impose a fine of 1,50,000 and a fine of 40 hours.

Judgment

The crime of this case is not deemed to have committed indecent acts by the victim's her m, her m, etc. after the Defendant was getting on a bus, etc., and the crime of this case seems to have been committed, and the sexual humiliation of the victim would have occurred due to the crime of this case. The circumstances alleged in the grounds of appeal are already reflected in the court below's favorable sentencing factors and there are no special changes in circumstances that may be considered in the trial. In full view of the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime of this case, etc., the court below's punishment is too unreasonable, and the above argument is not reasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.