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(영문) 부산지방법원 2018.02.23 2017노4677
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution and rendered a judgment of conviction as to the remaining facts charged.

Since the defendant appealed only against the guilty portion, the defendant cannot appeal against the judgment dismissing the public prosecution (see Supreme Court Decision 82Do3076 delivered on December 13, 1983). The dismissed portion of the judgment of the court below becomes separate and conclusive as it is and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.

3. As a superior of the victim’s workplace, the Defendant repeatedly abused or commits indecent acts against the victim, and the degree of such assault or indecent act is not weak, and it is also not good that the victim’s refusal of private contacts would put the victim at a disadvantage on his/her duty.

The victims are likely to suffer from the second damage, such as difficulties in suffering from the workplace, and they seem to suffer from a considerable period of mental suffering.

Therefore, even if considering the circumstances such as the defendant's recognition of late mistake and the crime of death that the victim does not want punishment, the defendant's moving from the post of this case, there is a family member to support, and there is no criminal record exceeding the same kind or fine, the court below's punishment cannot be deemed to be unfair due to the absence of punishment.

Therefore, the defendant's argument of sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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