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(영문) 인천지방법원 2016.02.12 2015노4372

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (one million won in 3 million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances, contents, etc. of the crime of this case, the crime of this case was poor, the victim appears to have suffered considerable mental pain, the damage was not compensated to the trial of the court, and the victim was seeking to punish the defendant, etc. However, considering the following factors: (a) the confession and reflect of the crime of this case; (b) the Defendant has no record of criminal punishment; and (c) other various sentencing conditions as well as the records and arguments, such as the Defendant’s age, character and conduct, family environment, and conditions before and after the crime, etc., the sentence against the Defendant is too unjustifiable and unreasonable.

3. If so, the prosecutor's appeal 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.