logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.12.16 2020노425
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s act of committing a indecent act by compulsion against the victim who is an employee by taking advantage of his superior position is somewhat weak in terms of the nature of the crime, such as committing indecent act by compulsion on three occasions. However, considering the fact that the mental suffering of the victim of the instant case seems to be considerable, but the victim’s emotional suffering is not receiving a letter from the victim, the lower court’s punishment (including a fine of five million won, order to complete a program) is too unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the following factors: (a) the Defendant, who did not have any criminal power, has committed a crime in the first place in the instant case; and (b) has a relatively insignificant degree of indecent act in light of various sentencing factors revealed in the proceedings of the instant case, such as the fact that the lower court’s sentencing is too unfeasible and so on, it does not seem to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow