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(영문) 수원지방법원 2015.09.01 2015노3283

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (e.g., the Defendant’s mistake, drinking alcohol, and contingency, each of the instant crimes was committed by the lower court, deposited KRW 2 million for the victim G, and efforts to recover additional damage, the degree of indecent act is not serious, and the Defendant suffers from urology as a class 1 visually handicapped person, and was detained for a considerable period of time, the lower court’s sentence which sentenced to order to complete sexual assault treatment programs for eight months and forty hours is too unreasonable.

2. The crime of this case is deemed to have been committed by the lower court on February 8, 2013, with the power of the Defendant to commit an indecent act against the victim over 20 times by using his/her position, and reached the other party’s text that arouses fear or apprehension through the information and communications network while communicating the victim’s cell phone 30 times more than the victim’s cell phone. The victim’s reputation was damaged by openly pointing out false facts about the victim’s work partner, pointing out the victim’s crime period, frequency, method, etc. In light of the crime period, method, etc., the crime is not highly good, and the damage recovery was not properly performed until the trial; the Defendant received a fine of KRW 3 million from the Suwon District Court branch branch branch on February 8, 2013; the Defendant’s history of criminal punishment was several times; the situation where the Defendant deposited KRW 2 million to recover damage was already reflected in the lower court’s judgment; and considering the motive and circumstance of each crime of this case, the records and circumstances before and after the Defendant’s appeal.