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(영문) 인천지방법원 2014.10.17 2014노1078

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 5,00,000 and the order to complete a program) of the lower court is deemed to be too unhued and unreasonable.

2. The fact that the victim wanted to take a severe punishment against the defendant is disadvantageous to the defendant.

However, in full view of the following: (a) there is no record that the Defendant was punished for the same kind of crime or sentenced to a fine exceeding the fine; (b) the degree of the type of the Defendant’s use of personal information is not significantly significant; (c) the registration of personal information and the frequency of sexual assault treatment programs can also prevent the recidivism of the Defendant; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the crime, the lower court’

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