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(영문) 청주지방법원 2015.01.23 2014노971
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant's judgment on the grounds for appeal (e.g., the grounds for appeal), which led to the final trial, is against the recognition of the crime of this case, and the fact that there is no record of punishment for the same kind of crime, etc. can be considered in favor of the defendant.

However, the crime of this case was committed between the victim and the victim by the fact that the defendant, without any particular reason, took a bath to the victim who is female employee while drinking alcohol at the drinking house, and that the nature of the crime was not less than that of the indecent act by drinking the chest, and that agreement was reached between the victim and the victim up to the trial.

Considering the circumstances such as the Defendant’s age, character and conduct, family relationship, circumstances leading up to a crime, and circumstances after a crime, etc., the lower court’s punishment (including a fine of KRW 3 million, a sexual assault treatment program of KRW 40 million) is too unreasonable, and thus, cannot be deemed unfair in light of the following circumstances: (a) the Defendant’s age, character and conduct, family relationship, and various sentencing conditions indicated in the records.

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

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