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(영문) 대전지방법원 2017.10.25 2017노1461
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won, and orders to complete sexual assault treatment programs for twenty-four hours) is too uneased and unreasonable.

2. The instant crime is an indecent act committed on three occasions by the victim, who is merely 23 years of age employed by the Defendant as an employee of the main office that the Defendant operates, and the crime is not good in light of the details and content of the crime, and the Defendant’s attitude after the crime was committed by an investigative agency, such as denying the fact of the crime, criticism against the victim, etc., is disadvantageous.

However, it is more favorable for the Defendant to recognize all of the instant crimes and to reflect the mistake, to the extent that the instant indecent act and force are relatively minor, to the extent that the victim wishes to take the Defendant’s wife by mutual consent with the victim, and to the effect that the Defendant did not have any record of punishment for the same kind of crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be unfair as it is excessively unfeasible.

Therefore, the prosecutor's above assertion is without merit.

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

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