beta
(영문) 인천지방법원 2014.06.27 2014노1209

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 (ten months of imprisonment and 80 hours of order to complete a program) is too unhued and unreasonable.

2. The crime of this case is an indecent act committed by multiple victims repeatedly in the same manner, and the crime of this case is bad, and the defendant has a record of having been sentenced to punishment several times due to the crime of this case, and is disadvantageous to the defendant.

However, in light of the fact that the court below was determined by fully considering the circumstances unfavorable to the defendant, and that there seems to exist no changes in circumstances that could change the situation between the court below and the punishment, the defendant's time of committing the crime of this case and misleads the defendant, there is no record of punishment for the same kind of crime, and other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, happiness environment, and circumstances before and after committing the crime, the sentence against the defendant is too uneasible and unreasonable.

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