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(영문) 수원지방법원 2017.05.25 2016노7217
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel recognized a mistake and reflects the Defendant, and there is no record of criminal punishment, the lower court’s sentence that sentenced a fine of 4,000,000 won and orders to complete a sexual assault treatment program for 40 hours is too unreasonable.

B. In light of the fact that the crime of this case committed by the Defendant by the public prosecutor is not good and the compensation for damages is not made, the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case was committed in light of the following facts: (a) the Defendant committed an indecent act against the victims by taking the victim's sexual organ in his her her meast, etc. after the victim's macks in the subway train; (b) the Defendant did not compensate for the damage; (c) the Defendant recognized the Defendant's mistake and reflects it; (d) the Defendant did not have any record of criminal punishment; and (e) the Defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime; and (e) all the conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime, etc., the lower court's punishment is deemed reasonable; and (e) it is not determined that the Defendant's punishment is too heavy, or that it is unfair because it is too excessive or too excessive.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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