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(영문) 서울중앙지방법원 2015.05.01 2014노5242

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended execution, and 40 hours of an order to attend sexual assault treatment programs) 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 the victim's chest who is under his duty supervision, 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.

The defendant's assertion of unfair sentencing is without merit.

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.