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(영문) 인천지방법원 2014.05.21 2013노3885

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of five million won and the completion of a sexual assault treatment program) declared by the court below is too uneasible and unreasonable.

2. The crime of this case was committed on the part of the Defendant, who forced the Defendant to take advantage of the victim, committed an indecent act by deceiving the chest of the victim who was refused to take advantage of the victim’s injury. In light of the circumstances and details of the crime, how the crime was committed, how the crime was committed, how the victim’s sexual humiliation seems to be reasonable, and how the victim did not take any measures for recovery from damage to the victim’s mind, are disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant appears to have led to the confession of and reflect on the instant crime; (b) there is no record of the crime subject to punishment exceeding sexual assault or fine such as indecent act by compulsion; and (c) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the Defendant’s punishment against the Defendant is too uneas

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.