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(영문) 광주지방법원 2016.05.18 2015노2537

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution for six months of imprisonment, and forty hours of lecture for sexual assault treatment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant’s mistake was recognized and reflected in the first instance judgment, and that the Defendant paid 20,000 won to the victim and agreed to pay 20,000 won of the criminal agreement, and that the Defendant did not have any criminal record exceeding the same criminal record or fine.

On the other hand, it is not good that the defendant commits an indecent act against another victim by making the victim's crepit in the influence of alcohol by his employment, and the degree of indecent act is not easy.

In light of the fact that the victim suffered a significant mental impulse due to the instant crime, even though considering the agreed circumstances with the victim, the sentence of the judgment below is within the scope of sentencing guidelines for sentencing.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is too heavy. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.