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(영문) 인천지방법원 2017.09.08 2017노899
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence sentenced by the lower court (the community service order of 8 months, 2 years of suspended execution, and 80 hours) is too uneasible and unfair.

B. It is unreasonable for the court below to exempt the defendant from the disclosure disclosure notification order, even though there are no special circumstances that may not disclose the personal information of the defendant that was improper to exempt the defendant from disclosure disclosure disclosure notification order.

Judgment

A. As to the wrongful assertion of sentencing, the Defendant, along with the victim of 19 years of age who was enrolled in the sports center operated by the Defendant, took alcohol with the victim, and took the victim into custody, committed an indecent act by force by forcing the victim to enter the telecom.

Considering the fact that the victim would have suffered a considerable mental impulse and sexual humiliation due to the instant crime, and that the Defendant was unable to take advantage of the fact that the victim was unable to take care of from the injured party up to the heart, the criminal liability of the Defendant’s criminal liability is not less than that of the victim.

However, the Defendant recognized the crime of this case and reflected his mistake.

While the Defendant had experienced a dynamic sense, it appears that the Defendant committed the instant crime in the course of provoking the petular expression, and the degree of the tangible power exercised by the victim was not hot.

There is no record of criminal punishment except for the defendant who has been sentenced to a fine of KRW 700,00 for the crime of bodily injury in 207.

In full view of the factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, family environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

Therefore, the prosecutor's assertion on this part is not accepted.

B. As to the unjust assertion of exemption from disclosure disclosure order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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