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(영문) 수원지방법원 2014.08.21 2014노1294

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) against the Defendant is too unhued and unreasonable.

2. In light of the following: (a) the Defendant had a criminal record of a fine for the same kind of crime as the instant crime; (b) the victim’s chests and grandchildren twice in a short period; and (c) the background and method of the instant crime by which the victims committed an indecent act twice in a short period; and (d) the fact that the victims did not agree with the victims is disadvantageous to the Defendant.

However, in full view of the various sentencing factors indicated in the instant case, including the Defendant’s age, character and conduct, motive, means and consequence of the offense, etc., the lower court’s punishment cannot be deemed unreasonable as it is too unreasonable, in light of the following factors: (a) the Defendant is a disabled person who has a mental retardation disorder; and (b) the Defendant’s economic situation is difficult; and (c) the Defendant’

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.