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(영문) 수원지방법원 2016.06.02 2015노6427

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the counsel (unfair sentencing) recognizes the Defendant’s mistake and reflects the Defendant; (b) the Defendant committed the instant crime shockingly at the moment; (c) there is no record of criminal punishment; (d) the Defendant voluntarily received education to prevent sexual harassment in order to not repeat a crime; (c) there is concern that the company will be dismissed by being subject to disciplinary action in the instant case; and (d) efforts to compensate for damages, etc., the lower court’s sentence ordering the Defendant to complete the program for sexual assault treatment for KRW 3 million and 40 hours is too unreasonable.

2. The judgment of the court below is that the defendant committed the crime of this case by denying the crime while he was in contact with the victim because the defendant used 3 to 4 parts of the defendant's arms, which were divingd in front of the bus window with the front seat by extending her hand out from the bus through the bus, and it is not good to keep the chest in front of the finger seat. The defendant did not have any part of the defendant's arms going beyond the front seat in the prosecutor's office investigation process and the court of the court below, and did not have any contact with the victim, thereby causing secondary damage that the victim allowed the victim to testify from the court of the court of the court of the court below until the trial. The defendant did not receive the bill from the victim from the victim until the court of the court of the court. Considering the motive and circumstance of each crime of this case, the situation before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and environment as the records and arguments of this case, the above ground for appeal is not justified.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

참조조문