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(영문) 의정부지방법원 2015.05.12 2015노840
강요등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment and 40 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession of all of the crimes of this case and reflects in depth, agreed with the victims under the condition to reverse all the exclusive contracts concluded with the victims, the victims do not want punishment against the defendant, and the defendant was the first offender who has no record of criminal punishment.

B. However, the crime of this case, however, is repeated when the defendant, who operates cosmetic technology, supervised and led victims who entered into an exclusive contract for cosmetic education, by taking advantage of his status, forced the victims to perform acts of sexual intercourse or sexual humiliation and commit indecent acts. The crime of this case is highly inappropriate in light of the background and content leading up to the crime, and the method of the crime, etc., and the victim seems to have suffered severe mental pain, and there is a need to keep the victims from repeated criminal acts in the future, and in full view of all other circumstances, including the defendant's age, character and environment, the background and consequence of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, even if considering the favorable circumstances of the defendant as seen earlier, it is not determined that the sentence of the court below is too unfair.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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