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(영문) 인천지방법원 2014.07.25 2014노1139

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,00,000 won of fine and 40 hours of order to complete a program) of the lower court is too unhued and unreasonable.

2. The crime of this case is an indecent act committed by the defendant against the victim who is a Schlage, and the offense is disadvantageous to the defendant.

On the other hand, however, the court below seems to have determined punishment by fully considering the circumstances unfavorable to the defendant, and it seems that there is no change in circumstances that could change the situation between the court below and the punishment. The defendant's time to commit the crime of this case and misleads the defendant, the defendant has no particular criminal power except for the punishment of a fine once due to the crime of this case, and other various sentencing conditions in the records and arguments, such as the defendant's age and behavior environment, the circumstances before and after the crime, etc., are considered as being too unjustifiable.

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.