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(영문) 수원지방법원 2016.05.19 2015노5672
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, the degree of conduct is not excessive, the economic situation is difficult, support the wife and children, and it is difficult to implement the order to complete the program while attending the workplace, etc., the sentence of the lower court ordering the Defendant to complete the program for sexual assault treatment of KRW 2 million and KRW 40 million is too unreasonable.

B. In light of the fact that the instant crime committed by the prosecutor was committed by the Defendant by indecent act against the victim who did not have any awareness at the shop shop in Masa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

2. The crime of this case was committed by the Defendant at his own discretion against the victim who did not have any way before the shop of the Marina. 201. The crime of this case was committed by the Defendant, even though CCTV images were recorded, the Defendant denied the crime up to the court of the court below, thereby causing secondary damage to the victim to give testimony in court. The Defendant, on June 28, 2013, was punished by a fine of KRW 300,000,000,000 for the violation of the Labor Standards Act. On the other hand, the Defendant recognized the Defendant's mistake at the court of the first instance, did not focus on the degree of prosecution, and other factors stipulated in Article 51 of the Criminal Act, such as the motive and background of each crime of this case, the situation before and after the crime, the degree of damage, the character and conduct of the Defendant expressed in the records of this case, etc., are deemed to be too harsh or unreasonable, and the judgment of the court below is too harsh or unreasonable.

Therefore, the above appeal is justified.

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