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(영문) 수원지방법원 2017.05.18 2016노6609
강제추행
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant recognized the Defendant’s mistake and reflected, the sentence of the lower court ordering the Defendant to complete the sexual assault treatment program for KRW 5 million and KRW 40,000 and KRW 40,000 is too unreasonable.

B. In light of the fact that the crime of this case by the prosecutor was committed on the alleyway by the Defendant, along with the victim, by inserting his hand into the bee of the victim, and that it is not good that the crime was committed by force, and that the victim wants to punish the defendant, the sentence of the court below is too uneasible and unfair.

2. The crime of this case is deemed to have committed an indecent act by making the Defendant enter the victim's body and knife his body with his body at night at night, leaving his body and knife his body, and committing an indecent act by force. The crime of this case seems to have considerably significant pain and mental impulses caused by the crime of this case, and the victim wishesed to punish her own mistake, while the defendant acknowledges her mistake and reflects her punishment, and there is no other history of criminal punishment, and all of the sentencing conditions in the records and arguments of this case including the defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime, circumstances after the crime, etc., the court below's punishment is deemed reasonable, and it is not deemed that the above argument is unfair because it is too heavy or excessive. Therefore, all of the above arguments are without merit.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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