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(영문) 수원지방법원 2016.07.14 2016노245

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal of this case (unfair sentencing) is that the Defendant committed an indecent act against the victim’s bucks where the Defendant was seated in the bus, and that it is not good that the Defendant committed an indecent act against the victim’s bucks, and that there was a record of being punished by a sex offense in the past, and that the Defendant was punished by a fine of 3 million won and 40 hours’ sexual assault treatment program. Thus, the lower court’s sentence of ordering the Defendant to complete the sexual assault treatment program is too uneasible.

2. The judgment of the court below recognized the defendant's mistake and reflects the defendant, and there was a history of having received a fine of one million won as a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof in the Seoul Central District Court on February 8, 2006, but it has been relatively long long, taking into account the motive and background of the crime in this case, circumstances before and after the crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character, conduct and environment, etc. as stated in the records and arguments in this case, the court below's punishment is too unfeasible and it is not judged unfair, considering the circumstances alleged in the grounds for appeal, so the above assertion is without merit

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.