beta
(영문) 울산지방법원 2019.01.17 2018노1018

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (a prison term of eight months, a suspended sentence of two years, and a sexual assault therapy course of forty hours) is too uneasible and unfair.

2. The instant crime on the grounds of appeal is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant committed an indecent act by deceiving the victim’s chest on two occasions and committed an indecent act by proxy; (b) the nature of the offense is not good in light of the method, content, mode of conduct, etc. of the crime; (c) the Defendant was subject to the suspension of indictment due to indecent act by force under the influence of alcohol on around 2014; (d) the Defendant did not agree with the victim; and (e) the Defendant had a record of having been punished several times for various crimes due to violence or drinking.

From the prosecution stage, the fact that the defendant stated that the crime of this case is recognized in depth and reflects it in depth, that the defendant suffers from cardiopulmonary color, etc. and whose health condition is not good, and that he endeavors to improve his tendency through the diagnosis of alcohol dependence and the pharmacologic treatment, etc. are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means, consequence, etc. of the crime, all the kinds of sentencing conditions as shown in the arguments and records of the crime, and the scope of recommended sentences according to the sentencing guidelines (no person who has the basic area (from June to two years), the basic area (no person who has the special character of the crime of indecent act by force (subject to the age of 13) and the special character): it is not recognized that the sentence imposed by the court below is too unreasonable.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.