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(영문) 수원지방법원 2017.02.09 2016노4996
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the counsel (unfair sentencing) is that the defendant recognized the mistake of the defendant, the defendant practically operates the corporation B and made a business trip with the victim while saving the expenses, and the crime of this case was committed by drinking and contingently, and the victim was committed, the degree of force exercised by the victim is relatively minor and the victim expressed his intention of refusal, the victim is not approaching the victim after the victim expressed his intention of refusal, the victim is not approaching the victim, the defendant is trying to compensate for the damage, and the defendant has no record of being punished for sexual assault crimes. In light of the above, the sentence of the court below that sentenced the order to provide community service for 2 years and 120 hours in prison and the order to attend the lecture for treatment of sexual assault for 40 hours is unreasonable.

Judgment

The crime of this case was committed under the pretext of saving expenses along with the victim, who is a subordinate employee of the defendant, and committed an indecent act in the victim's body humbly, under the pretext of saving expenses. It is not good that the crime of this case was committed by humblying the victim's body behind the victim's body. The crime of this case was committed in this case, which led to the occurrence of sexual humiliation of the victim, and did not compensate for the damage to the victim. The circumstances alleged in the grounds of appeal are already reflected in the court below's favorable sentencing factors, and there was no special change of circumstances that may be considered in the trial, and other factors of all the sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and background of the crime, degree of conduct, and circumstances after the crime, etc., the above argument is without merit, and therefore, it is not deemed unfair for the court below's punishment to be too unfair.

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

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