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(영문) 수원지방법원 2017.03.23 2016노5449
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 the defense counsel has no record of criminal punishment for the same crime, and the victim expressed his/her intent that he/she does not want to punish the defendant, the sentence of the court below which sentenced the order to complete the sexual assault treatment program for 2,00,000 won and 40 hours is too unreasonable.

B. In light of the fact that it appears that the Defendant’s commission of the crime by the public prosecutor was likely to have led to mental shock and sexual humiliation, the sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is judged that the defendant was seated next to the victim in a metropolitan bus and committed an indecent act by the victim, and that the victim again resisted the victim's buckbbbbbs despite the victim's resistance, and therefore, it seems that the victim caused sexual humiliation. Meanwhile, it appears that the defendant recognized the defendant's wrong, there is no record of punishment for the same crime, the victim expressed his intention that he does not want the punishment, and considering all the conditions of the sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, degree of damage, motive and circumstance of the crime, circumstances after the crime, etc., the court below's punishment is judged to be appropriate, and it is not determined to be unfair because it is too heavy or too excessive. Thus, all of the above arguments are without merit.

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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