logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.26 2020노1195
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, orders to complete sexual assault treatment programs, and orders to restrict employment) declared by the court below is too unreasonable.

2. The lower court determined the sentence against the Defendant by comprehensively taking into account the following circumstances favorable to the Defendant, and there is no special change in circumstances that may change the sentence of the lower court, including the agreement with the victim, after the sentence of the lower judgment was rendered.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, the circumstances after the crime, etc., as shown in the argument of this case, it is not recognized that the sentencing of the court below is too unreasonable.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime, and the defendant has been punished three times due to other types of crimes before this case.

The crime of this case committed an indecent act against the victim, who is an employee under the direction and supervision of his duties, and the victim’s bucks, bucks, sound, and mucks were able to use or spread several times, and the victim did not refuse to do so and continued to commit the crime even though he did not want to do so.

The nature of the crime is bad in light of the method and method of such crime, the nature of the indecent act, etc.

The Defendant appears to have committed an indecent act against the victim without any awareness of the crime, taking advantage of his superior status in the course of performing his duties, and the victim was given a considerable sense of sexual humiliation and mental impulse.

Nevertheless, the defendant did not agree with the victim or received a letter from the victim.

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

arrow