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(영문) 수원지방법원 2019.09.26 2019노1923
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The instant crime on the assertion of unfair sentencing is an indecent act committed by an employee of the convenience store who was an employee of the Defendant’s side while calculating at the convenience store. In light of the method and content of the crime, etc., the nature of the crime is considerably poor in light of the method and content of the crime, the victim appears to have suffered considerable mental pain, and the Defendant did not receive a letter from the victim until now.

On the other hand, the fact that the degree of indecent act committed by the defendant is not serious, that the defendant confessions the crime of this case and reflects his mistake, that there is a family member to support the defendant, that there is no record of punishment in Korea.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, the defendant and the prosecutor's above assertion are not accepted.

B. Ex officio review whether to issue an employment restriction order for welfare facilities for disabled persons

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that a person determined by a sentence of imprisonment or medical treatment and custody by sex offense shall not operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly provide their operation, employment or actual labor for the period during which the person is not able to provide such services.

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