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(영문) 인천지방법원 2015.04.17 2015노824

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and 40 hours of completion of sexual assault treatment programs) is too heavy or (the accused) and it is unreasonable to conduct an inspection;

2. However, the fact that the Defendant made a confession of all of the crimes of this case and made it contrary to the judgment of the court below, and that the degree of damage caused by the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and the crime of causing damage to property is not serious.

However, on the other hand, the crime of this case is committed by assaulting the victim H, such as discovering the victim D's entry into the Schlage warehouse, closing the victim's door into the warehouse, by forceing the victim's chest by using the hand floor and jus, by forceing the victim's chest, and by forceing the victim's chest, which is the husband of D due to such indecent act, as above, the victim H and jus the victim's shoulder, chest and jus of the victim H due to drinking and just during the process of such indecent act, and the just of the dangerous object, the victim H's shoulder shoulder, and the victim H's shoulder, hump, pipe, insertion, etc., and committing the crime of this case's excessive mental stress before and after the victim's appeal, and thus, the court below's excessive mental stress and disorder following the crime of this case's crime of this case can not be seen as being committed by force before and after the victim's appeal.

3. If so, the Prosecutor’s appeal is reasonable.