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(영문) 의정부지방법원 2014.05.29 2014노336

준강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (a fine of KRW 5 million and order to complete a sexual assault treatment program) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The fact that the Defendant was fully aware of the crime and is against the wrongness, and that the degree of the instant indecent act is relatively minor is favorable to the Defendant.

However, even in around 2012, the Defendant was punished for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant committed the instant crime of the same kind since it has not been long long, and the Defendant did not recover damage to the victim is an unfavorable condition against the Defendant. In full view of the above favorable circumstances, the Defendant’s age, family environment, circumstances before and after the commission of the crime, and other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the lower court’s sentencing against the Defendant is too heavy or less, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.