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(영문) 수원지방법원 2016.09.29 2016노1294
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the prosecutor's appeal grounds (unfair sentencing) of the crime of this case is unfair because the defendant committed an indecent act by taking advantage of his status as a workplace company, and committed the crime of this case, considering the relation with the victim, the method, degree, frequency, etc. of the commission of the crime, the nature of the crime is not good, and the damage is not recovered. In light of the fact that the court below's sentence ordering the defendant to complete the program of sexual assault treatment for 6,00,000 won and 40 hours is too uneasible.

Judgment

In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sex, environment, motive and background of the crime, degree of conduct, and circumstances after the crime, etc., and all of the conditions of sentencing specified in the records and arguments of this case, it is not deemed unfair since the Defendant committed the instant crime on a contingent basis and did not seem to have committed an intentional and planned basis by taking advantage of the status as a workplace superior to the Defendant, and there is no record of criminal punishment, and there is no other history of criminal punishment.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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