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(영문) 인천지방법원 2015.12.23 2015노3328

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. In light of the circumstances, contents, etc. of the crime of this case, the crime of this case, the victim seems to have suffered a considerable mental pain, the victim did not take measures to compensate for damage up to the trial, and the victim was punished, etc., under unfavorable circumstances or circumstances; on the other hand, there is no record of criminal punishment; there is a need to give the defendant, who is a young undergraduate student, an opportunity to live as a healthy member of society while complying with the legal order without re-offending again by the suspended sentence; and other various sentencing conditions shown in the records and arguments, such as the defendant’s character, home environment, and circumstances before and after the crime, etc., are considered as being too uneasible and unfair.

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.