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(영문) 광주지방법원 2018.03.28 2018노331

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the completion of a sexual assault treatment program) is too unreasonable.

2. In full view of other factors such as the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, and environment, the lower court’s punishment seems to be somewhat unreasonable and unfair, as it appears that the Defendant’s punishment was somewhat unreasonable, inasmuch as the Defendant’s assertion is well-grounded on the following grounds: (a) the Defendant’s confession of the instant crime in the trial; (b) the victim did not want the punishment of the Defendant by agreement with the victim; and (c) the Defendant did not have any record of punishment for the same kind of crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Punishment of the crime

The defendant is a person who manages the whole hotel as an executive director for the hotel, and the victim F (name, life, and life) served as a kitchen at the above hotel.

1. On August 12, 2016, the Defendant committed an indecent act by force against the victim under his/her protection and supervision by using the victim’s side gate in both hands and by using the victim’s side gate in work on August 12, 2016.

2. On August 13, 2016, the Defendant was committing the crime on August 13, 2016: (a) on August 13, 2016, the Hel located in Gwangju Mine-gu, the Defendant attempted to blusium to the victim; (b) however, the victim was Ginsium G, but the victim was the Ginsium G, i.e.

Doesrais as much as why it is;

“The victim’s sexual organ is hacked with both hands, and the victim’s sexual organ is hacked to the victim’s sound book, and the victim’s sexual organ is hacked to the victim’s sound book.