beta
(영문) 인천지방법원 2015.07.08 2015노1557

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended sentence, one year of probation, and 80 hours of an order to attend a sexual assault treatment program) is too uneased and unreasonable;

2. In full view of the circumstances, contents, etc. of the instant crime, which is not good in light of the nature of the crime, the repeated crime of this case even though there is a history of criminal punishment twice for the same crime, the victim wants to punish the Defendant, etc., or the fact that the confession and reflects the instant crime, the fact that there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment exceeding the fine, the fact that the Defendant would not repeat the crime through mental treatment, and other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, happiness, family environment, and the circumstances before and after the crime, it cannot be deemed unfair because the lower court’s sentence against the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.