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(영문) 서울서부지방법원 2015.07.23 2015노394

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The following are the circumstances: (a) the number of indecent acts by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by force is violent and very high; (b) the Defendant’s commission of indecent act by indecent act by indecent act by force at intervals of four days; (c) the Defendant’s commission of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act

However, the first offender who has no criminal history and committed each of the crimes of this case has been recognized, and his depth has been divided and agreed with the victims, and the victims expressed their intent not to want the punishment against the defendant, the amount of damage caused by the theft crime is minor, and the defendant has been detained for about two months in this case, and the time during which the defendant and his family members appeal his wife and leading the defendant is favorable to the defendant.

In addition, considering the motive and background leading to the crime, degree of damage, circumstances after the crime, the age, career, character and conduct, environment, etc. of the defendant, and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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.