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(영문) 수원지방법원 2015.11.10 2015노4654
준사기등
Text

Defendant

All appeals filed by A, B, G, H, and J and those filed by the Prosecutor against the Defendant A, C, and D are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, G, H, and J (1) Defendant A reflects the wrongs of Defendant A, and is operated by Defendant A

In light of the fact that the main point is closed, the punishment of the court below that ordered the program to complete the program of sexual assault treatment for a period of 1 year and 40 hours is too unreasonable, in light of the fact that the crime of this case was completely recovered due to the violation of the Punishment of Sexual Assault Act (Indecent act committed on the job force, etc.), and that it is going to be faithful to the life of the continuous main place in the future.

(2) In light of the fact that Defendant B reflects the wrongness of Defendant B, the economic situation is difficult, and support for a wife with disability, etc., the lower court’s sentence that sentenced four months of imprisonment is too unreasonable.

(3) In light of the fact that Defendant G is against the wrongness of Defendant G, the economic situation is difficult, and the child with hearing impairment is to be supported, etc., the sentence of the lower court imposing a fine of KRW 3 million is too unreasonable.

(4) In light of the fact that Defendant H reflects the wrongness of Defendant H, the economic situation is difficult, and the degree of disability, etc., the sentence of the lower court sentencing a fine of KRW 3 million is too unreasonable.

(5) In light of the fact that Defendant J is against the mistake of Defendant J, and there is no room for Defendant A to provide a fee placement service in addition to the introduction of the AE to the e-mail, there is no property benefits derived from the instant crime, economic circumstances are difficult, and there is a child and wife to provide support, the lower court’s sentence imposing a fine of KRW 3 million is too unreasonable.

B. The prosecutor (defendant A, C, and D) committed a crime with respect to a person suffering from a mental disorder while under the influence of alcohol through systematic division of roles, and in particular, Defendant A committed a crime with respect to a person suffering from a mental disorder.

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