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(영문) 청주지방법원 2016.11.18 2016노329

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a term of six-month suspension, probation, community service, 160 hours of sexual assault therapy, 40 hours of sexual assault therapy) that the court below made is too unfasible and unreasonable.

2. The reasons for sentencing revealed by the lower court are as follows.

The crime of this case was committed by the Defendant to damage the victim’s property and interfere with his business. However, the crime of this case was committed by indecent act by force against another victim, who is a her guest, and the nature of the crime is not easy.

Furthermore, the Defendant committed the instant crime again during the suspension of execution and probation due to the violation of the Emergency Medical Service Act, as well as the criminal records which have been punished several times due to the crime of violence and interference with business affairs.

In addition, as a result of the judgment investigation of the probation office, opinions were presented that it is inappropriate to treat the defendant in society.

However, on the other hand, the defendant, while under the influence of alcohol, revealed complaints, such as that the usual hot water is not easily known to the el owner, and as a result, the defendant's motive and circumstances leading to the crime of this case, are somewhat taken into account in the process of putting the case to other guests.

In addition, the degree of damage to property caused by the instant crime is not so large, and the defendant shows his intention not to repeat the instant crime, together with the strong reflectiveness against his mistake, with respect to all the instant crime.

In addition, the defendant did not want to punish the defendant by mutual consent with the victims.

Furthermore, while the defendant's health conditions are not good due to scarcitys, hard diskss, and hard diskss, the mother of the defendant has repeated the defendant's wife against the defendant in this court.

The above conditions and conditions of all kinds of sentencing revealed in the trial process of this case, which are disadvantageous or favorable to the defendant.