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(영문) 인천지방법원 2015.02.06 2014노4355

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of taking sexual assault treatment courses) is too uneased and unreasonable;

2. The crime of this case, which committed an indecent act by the Defendant, who was under the command and supervision of the head of office, was committed by committing an indecent act by causing the victim, who is an employee under the command and supervision of the head of office. In light of the circumstances leading to the crime, details, and the method of the crime, etc., the nature of the crime is not good, thereby making the victim feel a serious sexual humiliation, and the juvenile protective disposition was committed by the same kind of crime around 193.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) the degree of indecent act is relatively excessive; (c) the Defendant was subject to a fine once after being subject to juvenile protective disposition; (d) the Defendant’s age, family environment, and circumstances before and after the commission of the instant crime; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the juvenile protective disposition, the Defendant’s sentence against the Defendant

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.