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(영문) 부산지방법원 2017.05.12 2016노4891
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (a punishment of eight months of imprisonment, two years of suspended sentence, 80 hours of attendance order for treatment of sexual assault, and 240 hours of community service) is too unfluent and unreasonable.

2. The crime of this case is an indecent act committed by the Defendant repeatedly against female employees under his supervision, and the case is not less severe, and the victim did not agree with the victims, and the fact that the damage was not recovered is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that all of the crimes are recognized, the fact that there was no history of criminal punishment for the same crime, the fact that there was no time to live in prison for about two months in the instant case, and that social ties are clear, and other various sentencing conditions such as Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the sentence of the lower court is too uneasible and unreasonable.

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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