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(영문) 부산지방법원 2017.12.15 2017노3235
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to three million won, and completion of sexual assault treatment programs 40 hours) is too unreasonable.

2. The defendant's mistake is recognized, and there is no previous conviction in excess of the same kind or fine.

There are circumstances in which the defendant has no occupation and is supported by his mother (90 tax) as a recipient of basic living, and the economic conditions are not sufficiently sufficient.

However, the crime of this case committed by the defendant who committed sexual harassment against the victim who is a restaurant employee and committed an indecent act following the victim is not likely to criticize the character of employees who have no choice but to respond to their customers in the occupation, and there is no effort to recover the damage of the defendant.

In addition, considering the equity with the punishment of similar cases like the defendant's age, sex, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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