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(영문) 수원지방법원 2016.04.14 2015노2644

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that the crime of this case is not good that the defendant interfered with the business by taking a bath at the main place operated by the victim and neglecting his happiness, and that it is not good that the defendant committed an indecent act by force by deceiving the chests of the victim who boomed the crime of this case. The crime of this case is highly likely to cause sexual humiliation and sense of sexual humiliation due to the crime of this case, the defendant has been punished several times due to violent crimes, and the defendant did not make any effort to recover damage, and the injured person wants to punish the defendant. In light of the fact that the defendant did not make any effort for recovery of damage, it is unfair that the court below's punishment that sentenced the defendant to observe the suspended sentence of eight months and observe the protection, the community service order of 80 hours, and the order to attend the lecture for sexual assault treatment of 40 hours is too unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that there is no reason to believe that the Defendant’s conviction was too uneasible, the Defendant committed the instant crime by contingently, the Defendant did not have any record of punishment exceeding the fine except for the sentence of a stay of probation, which was sentenced in 195, and there is no record of criminal punishment for sex crimes, and the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, degree of damage, circumstances after the crime, etc., and all the sentencing conditions specified in the instant records and arguments.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.