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(영문) 수원지방법원 2016.05.03 2015노4941
준강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defense counsel acknowledged the fact that the defendant committed the crime, thereby against his wrong understanding that the defendant committed the crime of this case by wrong understanding of the victim's intention, and that the defendant committed the crime of this case, and that economic circumstances are difficult, such as paying interest on school loans and providing living expenses, etc. The court below expressed at the court below that the defendant compensated the victim for damages, and the victim did not want the punishment of the defendant. However, the court below did not err by misapprehending the facts about the sentencing conditions or by failing to properly examine them, thereby recovering damage to the victim.

In light of the fact that the sentence is determined, the sentence of the court below which sentenced the order to complete the sexual assault treatment program for 6,000,000 won and 40 hours is too unreasonable.

B. In light of the fact that the crime of this case by the public prosecutor committed by the Defendant was committed by indecent acts by gathering the chest and fluor of the victim who was divingd by the Defendant, and by putting the fingers into the fluor, the degree of indecent acts is serious and the nature of the crime is not good. The crime of this case led to the crime of this case that the victim was unlikely to feel sexual humiliation and have not recovered from damage, and that the Defendant transferred the victim's responsibility to the victim and did not repent of the mistake, the punishment of the court below is too unreasonable.

2. The crime of this case was committed by the Defendant’s indecent act by inserting the victim’s sacrine, chest, and inserting the victim’s fingers into the victim’s sound part for about 15 minutes. It is not good that the crime of this case was committed by indecent act. It seems that the victim’s sexual humiliation was likely to have led to the occurrence of the victim’s sexual humiliation.

On the other hand, the defendant recognized the facts of crime for the first time, and divided the wrong facts, and committed the crime of this case in a contingent manner after he gets locked from the defendant's house after drinking the victim and drinking together at the defendant's house.

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