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(영문) 서울북부지방법원 2015.10.15 2015노955

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (a period of four months of imprisonment with prison labor, a period of one year of suspended execution, and an order to attend sexual assault treatment lectures for 80 hours) is too uneased.

2. Although the defendant did not receive a written appearance from the victim due to an agreement with the victim, the defendant was unable to receive a written appearance from the victim. However, the defendant is deemed to have violated his depth by recognizing the defendant's wrongness, and the defendant must support his wife and her children (three years old), there is no criminal record, and the defendant committed the crime of this case in a contingent manner under the influence of alcohol, and the degree of indecent act against the victim seems to be relatively serious, and the defendant's punishment conditions in the records, such as the circumstances before and after the commission of the crime of this case, age, character and behavior, environment, occupation, etc., are considered to be unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.