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(영문) 서울서부지방법원 2020.01.16 2019노1330

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and six years of imprisonment, 3 years of suspension of the execution of one year and six months of imprisonment, 80 hours of lecture attendance order for sexual assault treatment, 160 hours of community service order, 5 years of employment restriction order) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The crime of this case is committed by the Defendant’s indecent act against the victims over a long period of time in such a way that the Defendant demanded the victims, who are his own, to be aware of the telegraph, such as her flock, and the opportunity to take out bucks, etc., such as the victim’s fbucks, and the victim’s inside or outside the bucks, etc., was committed, and the crime is very poor.

At the time of the instant case, the victims were unable to think that they would refuse because they were their professors' work to make the Defendant, and if the Defendant's heart is difficult, the Defendant was forced to respond to the Defendant's demand due to the failure to take the class or exercise of public performance, or to exclude the victims from the exercise of public performance, and the Defendant began to commit a crime for a long time by using these circumstances, and suspended the crime as the drama U.S. case began to be reported to the media.

Due to the crime of this case, the victims were suffering from considerable sense and sexual humiliation.

On the other hand, the defendant shows his attitude to see and reflect all of the crimes of this case from the court below, and he did not have any criminal record except that he was punished three times by a fine due to the crime of this case.

In the court below, the defendant agreed with all victims, and the victims do not want punishment.

In addition, comprehensively taking account of the Defendant’s age, family relations, circumstances surrounding the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too heavy or is too heavy.