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(영문) 수원지방법원 2017.10.12 2017노580
강제추행
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no record of a defense counsel’s fault against the defendant, there is no punishment for the same kind of crime or a punishment exceeding the fine, and that the defendant was dismissed in the instant case, the lower court’s sentence that sentenced the order to attend the lecture for treatment of sexual assault for 2 years and 40 hours under the suspended sentence of eight months is too unreasonable.

B. In light of the fact that the Defendant, the principal of an elementary school, committed an indecent act by force against the victims who are teachers of the same school, the crime of this case by the prosecutor is not good, and that the compensation for damages is not made, the sentence of the lower court is too uneasible and unreasonable.

2. The Defendant, the principal of an elementary school, which requires a high ethical awareness, committed an indecent act against the victims, who are teachers of the same school, by means of singing the victim’s body or sparing the victim’s body behind the victim’s body, etc., which is not good to the quality of the crime. The victims were not compensated, and the victims were punished. Meanwhile, the Defendant was found to be erroneous, and there was no record of punishment or a fine exceeding the fine. The Defendant was dismissed in the instant case. In full view of all the conditions of the sentencing as indicated in the records and arguments of the instant case, including the Defendant’s age, sex, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable, and thus, it is not deemed unfair because it is excessively heavy or excessively unreasonable. In so doing, all of the above arguments are without merit.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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