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(영문) 수원지방법원 2016.12.22 2016노4712
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment), the fact that the defendant recognized the mistake of the defendant, the fact that the defendant committed the crime of this case with drinking alcohol and contingently, the fact that the victim expressed his/her intention not to be punished by compensating damage, the defendant supported his/her wife and his/her child, and there is a risk of dismissal in the company accompanying the case where the fine is finalized as a result of the instant case, the sentence of the court below that ordered the order to complete the sexual assault treatment program for 1,00,000 won and 40 hours is too unreasonable.

2. The crime of this case was committed when the defendant boarded the bus and went back to the rear, and the surrounding circumstances were taken back again, and the victim's buckbucks did not appear to be a contingent crime, and the circumstance that the defendant had no record of criminal punishment and expressed his/her intent that the victim would not want the punishment is already reflected in the grounds for sentencing which are advantageous to the court below, and there are no special changes in circumstances that may be considered in sentencing at the court below. Considering all of the circumstances of sentencing as stipulated in Article 51 of the Criminal Act, considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances before and after the crime, etc., the court below's punishment is too too unreasonable, considering the circumstances alleged in the grounds for appeal. Thus, the above argument is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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