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(영문) 전주지방법원 2015.11.13 2015노838

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (two-month imprisonment, two-year probation, one hundred and sixty-hours of community service order, and forty-hours of attendance order for sexual assault treatment programs) that the court below rendered by the public prosecutor is too uncomfortable.

B. Defendant 1) misunderstanding of facts: (a) the Defendant merely provided a water treatment on the part of the lower court, who is in relation to the victim’s slocks and the part of the slocks, and did not intend to commit an indecent act against the victim; (b) the sentence sentenced by the lower court of unfair sentencing is too unreasonable.

2. Determination

A. The judgment of the court below on the defendant's assertion of mistake of facts also asserted the same purport as that of the court below, and the court below held that there is credibility in the victim's statement in light of the victim's investigative agency and court court's specific and consistent statement and there is no special circumstance or reason that the victim might make a statement unfavorable to the defendant. The part for treatment in connection with the defendant's assertion is under part of the part that the defendant claims, and the part that the defendant is under part of the part that the defendant is under part of the reproductive term. The defendant takes over the upper part of the reproductive term at the time, and the defendant is under part of the part that the defendant is under part of the reproductive term, and he is under a marital relationship with the victim. The defendant cannot establish a marital relationship with the husband at the time of marriage. Thus, the court below held that the victim is under a marital relationship before being married, and that the defendant takes part of the defendant's loss to kneekn in the part of the victim's reproductive treatment before being married to another victim.

As for the treatment of reproductive technology, it is difficult to see that the defendant has obtained consent from the victim for the treatment of reproductive technology, and it is also difficult to see that the defendant has obtained consent from the victim for the treatment of the reproductive technology.