beta
(영문) 청주지방법원 2016.01.08 2015노438

준강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of three million won, and an order to complete a sexual assault treatment program for twenty-four hours) that the court below rendered is too unfford and unjust.

2. The instant crime committed by the Defendant, which committed an indecent act by force, by limiting the chest part of the victim’s chest while living together with the victim, who was a woman-friendly Gu or female-friendly Gu, to his/her own loss, is not that of an unlawful punishment.

In addition, in full view of the fact that the defendant did not receive a letter from the injured party up to now, it is necessary to punish the defendant strictly.

However, from the early stage of the investigation, the Defendant seems to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, it seems that the defendant has made efforts to recover damage by seeking a letter to the victim through female-child organizations.

This is why the defendant has no criminal history until now, and that the defendant does not have any economic circumstances by providing convenience stores and maintaining his/her livelihood, and the above unfavorable circumstances have already been fully reflected in the judgment of sentencing by the court below.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of a crime, etc., the lower court’s sentencing is too uncomfortable and unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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