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(영문) 청주지방법원 2017.01.13 2016노1040
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of five million won, and an order to complete a sexual assault treatment program with twenty hours) that the court below made is too unfford and unjust.

2. The fact that the victim did not agree with the victim, and that the same victim committed an indecent act in obscenity with the same victim and forced the same victim to commit an indecent act under this framework is disadvantageous to the defendant.

On the other hand, the fact that the Defendant recognized all of the crimes of this case, the crime of this case is deemed to have committed contingent acts, the degree of conduct itself seems not to be serious, and the Defendant and the victim appear to be in the same workplace. On the day of the use of communication media, the Defendant and the victim sent the Defendant the message “I would like to report” first to the Defendant, or the victim appears to have a certain degree of relationship with the Defendant, such as drinking together with the Defendant and the victim, driving on the Defendant’s vehicle, and driving on the Defendant’s vehicle, etc. on the day of the crime of indecent act by force.

In full view of the above circumstances and other circumstances, comprehensively taking account of the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other circumstances, the lower court’s sentencing is deemed unreasonable as it is too unfeasible and unfair.

The prosecutor's ground of appeal cannot be accepted.

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

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