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(영문) 수원지방법원 2017.01.19 2016노5106
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal of this case is that the crime of this case was committed by indecent act by force against the victims, who are the employees of the company under the direction and supervision of the defendant, and the crime of this case is not good, and the victim is two victims, the recovery of the crime reaches six times, the victims have not been compensated, and the victims have been punished for the defendant. In light of the above, the court below’s sentence which sentenced two years of suspended execution and one-year community service order for 120 hours, and the order to attend the lecture for sexual assault treatment for 80 hours is unreasonable.

2. In light of the following: (a) the Defendant recognized a mistake in the trial of the party; (b) the Defendant retired from the company after being subject to disciplinary action in the instant case; (c) the Defendant did not have any record of criminal punishment; and (d) other matters prescribed in Article 51 of the Criminal Act, such as the motive and background of each of the instant crimes; (b) the circumstances before and after the commission of the crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, environment, family relationship, etc. as indicated in the records and arguments, the lower court’s punishment is too uneasible and unreasonable

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

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