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(영문) 수원지방법원 2017.06.22 2016노8033
강제추행
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel recognized a mistake and reflects the Defendant, and there is no record of criminal punishment, the lower court’s sentence that sentenced a fine of KRW 9,000,000 and an order to complete a sexual assault treatment program for 40 hours is too unreasonable.

B. In light of the fact that the crime of this case by the prosecutor was committed by the Defendant, who was a young female at night, and was committed by the indecent act by the Defendant, following the sexual female at night, it is not good that the Defendant committed the crime of this case, and that the Defendant did not compensate for the damage, the sentence of the court below is too uneasible and unfair.

2. The crime of this case was committed by the court below in order for the defendant to walk on the road at night, and it is not good that the defendant committed an indecent act by force after leaving the victim's walk on the road at night. It is not good that the victim committed an indecent act by force. The victim did not compensate for the damage, and the victim wants to punish the defendant. On the other hand, the defendant recognized the mistake, there is no past record of criminal punishment, and efforts are made to not repeat the crime by taking account of the defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., and all of the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, degree of damage, crime, circumstance after the crime, etc., it is not judged that the punishment of the court below is appropriate, and it is not judged that it is unfair because it is too heavy or too excessive. The above argument is without merit.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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