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(영문) 창원지방법원 2016.06.21 2015노915

강제추행

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (five million won in punishment, and forty hours in completion of sexual assault treatment programs) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unreasonable, and the prosecutor is too unfasible and unfair.

2. We examine the judgment, the interview with the Defendant’s criminal law, the violence of the victim to report, and the fact that the victim did not agree with the victim is a reason for sentencing disadvantageous to the victim, and the fact that the Defendant led to the confession of the crime, and that the first offender who did not have any record of the crime is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relations, economic situation, and all other matters regarding the sentencing as indicated in the records and changes of the case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

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