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(영문) 인천지방법원 2014.11.28 2014노3635

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended execution, and forty hours of taking sexual assault treatment courses) is too unfased and unreasonable;

2. The Defendant committed the instant crime in which the Defendant committed an indecent act by putting the victim who had returned home at the night, forced him/her to go back, and forced him/her to go back, leaving his/her hand bucks into the fucks. In light of the background and content leading to the instant crime, and the method of committing the crime, etc., the commission of the crime was poor, and the fact that the Defendant caused the victim to suffer serious pain due to the said crime is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant led to the instant crime; (b) there is no record that the Defendant was punished for the same kind of crime and the suspension of execution; and (c) other various sentencing conditions as shown in the record and pleadings, such as the Defendant’s age, family environment, and the circumstances before and after the instant crime, the Defendant’s sentence against the Defendant is too

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.