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(영문) 청주지방법원 2015.08.19 2015노257
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won, and an order to complete a sexual assault treatment program for 40 hours) declared by the court below is too unhued and unreasonable.

2. The crime of this case is determined as follows: (a) the Defendant, who is a marina employee, delivers a drink to the victim’s house, and then fright the victim’s hand after drinking the drink to the victim, and fright the victim’s hand, and fright the victim’s hand; (b) the Defendant fright the victim’s chest with the victim’s hand and rhick the victim’s chest with his hand, thereby committing an indecent act on the part of the victim; and (c) the commission of unlawful punishment is not easy.

In addition, the defendant is showing the attitude of opposing the crime of this case and avoiding his responsibility until the court below.

In addition, considering the fact that the defendant did not reach an agreement with the victim so far and does not take measures to recover damage of the victim, and that the defendant committed the crime of this case in the residence of the victim, it is necessary to strictly punish the defendant.

However, the defendant divided the two dialogues with the victim who had a close friendly relationship at the time, and it seems that the crime of this case was committed contingently.

Moreover, the Defendant was punished once a suspended sentence for another crime without the same criminal record before the instant crime was committed, and only once a fine is punished.

In addition, in full view of the following circumstances: (a) the Defendant was a heart disease around January 2013; (b) around March 2014, 2014; (c) the Defendant was treated as the salt pans and tensions; and (d) the Defendant faithfully served as an occupation soldier for 18 years until 2006; and (c) the Chief of Staff, the Chief of Staff, and the head of a group of female groups, received official commendation; (d) the Defendant’s age, character and behavior, intelligence and environment; (e) relationship with the victim; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence determined by the lower court is too una

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