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(영문) 수원지방법원 2018.03.29 2017노8522
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the decision of the court below on the summary of the reasons for appeal (five million won in a penalty, and forty hours in a sexual assault treatment program), the defendant asserts that the defendant is too unafford and the prosecutor is too unafford and thus unfair.

2. The defendant, at night, committed an indecent act by force against the victim who suffered a horse at a bus stop. The defendant does not have the degree of conduct but has the degree of conduct minor and there is a need for punishment corresponding thereto due to bad character of the crime.

The fact that the injured person clearly expressed his intention to punish the accused, and that the accused does not seem to have made efforts to recover damage is disadvantageous, and that the accused is seriously against the defendant, and that there is no record of criminal punishment in Korea is favorable.

In addition, taking into account the following circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the sentence of the lower court is deemed appropriate, and it does not seem unfair because it is too heavy or unfasible.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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