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(영문) 수원지방법원 2016.10.06 2016노1784
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 the defense counsel reflects the wrongness of the defendant and supports the parents who had been involved, and that the defendant received the money deposited by the defendant for the victim and received it between the victim, the sentence of the court below that sentenced the order to attend the sexual assault treatment lecture for 2 years and 40 hours of imprisonment is too unreasonable.

B. In light of the fact that the prosecutor Defendant planned a crime against the victim, who is his employee, and committed an indecent act, the degree of the indecent act is serious, the shock that the victim suffered, and the victim wants to punish, the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case is determined based on the following factors: (a) the crime of this case was committed by indecent act by force of the victim, who is an employee of the wholesale store operated by the defendant; (b) the victim wants the punishment of the defendant; (c) the victim is against the fault of the defendant; (d) the defendant has no record of punishment due to sexual crime; (c) the victim is trying to prevent recidivism by taking lessons after the crime of this case; (d) the victim received deposit money; and (e) other factors prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the motive and background of the crime of this case; (e) the circumstances before and after the crime of this case; (e) the degree of damage; and (e) the character and conduct of the defendant as shown in the records and arguments of this case; and (e) there

Therefore, the above ground of appeal is without merit.

3. 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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