beta
(영문) 창원지방법원 2015.10.20 2015노1491

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (3 million won of fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unhued and unreasonable.

2. It is recognized that the instant crime appears that the victim would have suffered a considerable mental impulse due to the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake in the trial; (b) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (c) the Defendant did not have any past punishment; and (d) the Defendant took into account the circumstances favorable to the Defendant; and (b) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (c) circumstances after the crime committed, etc., the sentence imposed by the lower court is too unreasonable and unreasonable.

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