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(영문) 창원지방법원 2017.08.10 2017노659
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of 10 months, the suspension of the execution of 2 years, the community service for 160 hours, and the attendance of sexual assault treatment programs for 40 hours) is too uneasy and unreasonable.

2. The judgment : (a) the Defendant committed three-month indecent acts by taking advantage of the fact that a person who had been employed by his/her restaurant was unable to resist or file a report because he/she was unable to discontinue his/her work due to economic reasons; (b) he/she committed an indecent act on the other hand for five months; (c) the degree of indecent act, such as a person who was employed by his/her restaurant due to his/her own aftermath or immediately aftermath, with his/her chests or dances his/her chests; and (d) the victim seems to suffer from mental suffering in the process; (c) there are grounds for unfavorable sentencing, such as the Defendant’s confession of the crime and the fact that he/she is against the victim; (d) the Defendant’s age, family relationship, economic situation, the background and motive leading to the crime; and (e) other matters concerning the sentencing specified in the records and the theory of changes, the Prosecutor’s 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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