beta
(영문) 수원지방법원 2016.03.24 2015노2773

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is that the Defendant had a record of committing a sexual crime and received juvenile protective disposition during the suspension of execution, and the Defendant committed the instant crime during the suspension of execution, and that the instant crime committed an indecent act against a victim who does not have any awareness of cryptive nature, and that the nature of the relevant crime was not somewhat minor, it is unfair for the lower court to impose a fine of 5,00,000 won and orders to complete a sexual assault treatment program for 40 hours.

2. The judgment of the defendant is divided in depth into the defendant's mistake, the victim does not want the punishment of the defendant, the parent of the defendant has endeavored to receive a letter from the injured person during the defendant's detention for a period of less than three months at the court below, and he will make every effort to improve the defendant's character and behavior

In full view of the following facts: (a) the Defendant complained of the Defendant’s prior action; (b) the Defendant’s age, sex, environment, motive and background of the commission of the crime; (c) the means and method of the commission of the crime; and (d) the circumstances after the commission of the crime; and (c) all the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is too unfeasible and is not deemed unfair;

3. The appeal by the prosecutor of the 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.