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(영문) 수원지방법원 2017.04.27 2016노5860

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of 10 months, the suspension of execution of 2 years, and the completion of sexual assault treatment programs for 40 hours) is too unhued and unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant committed an indecent act against two women within the short time to cause sexual humiliation and apprehensions to the victims; (b) the crime is not good; and (c) the injury was recovered or did not agree with the victims.

However, considering the following factors: (a) the Defendant’s recognition of all of the instant crimes and reflects; (b) the record of criminal punishment is not confirmed; and (c) the Defendant’s age, sex behavior, environment, family relationship, motive for committing the instant crime and circumstances after committing the instant crime; and (b) the lower court’s punishment cannot be deemed unfair because it is too unfasible to the Defendant’s punishment; and (c) the Prosecutor

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