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(영문) 부산지방법원 2015.11.20 2015노3051
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the suspension of sentence of a fine of three million won) is deemed to be too uneasible and unfair.

2. In light of the fact that the defendant committed an indecent act on several occasions by taking advantage of the position of the representative director, and that the nature of the crime is not weak, and that the number of crimes exceeds five times, it is necessary to punish the defendant strictly.

However, considering the fact that the defendant agreed with the victim, there is no record of punishment that the defendant was punished for the same kind of crime or that there was no record of punishment exceeding the fine, the defendant reflects his depth on the crime, the defendant's age, family relation, motive, relationship with the victim, circumstances after the crime, records and arguments in this case, the prosecutor's assertion is without merit since the punishment of the court below is reasonable.

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

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