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(영문) 부산지방법원 2014.07.18 2014노1640

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (two-month imprisonment, two-year probation, one hundred and twenty-hour probation, one hundred and twenty-hours for community service, and forty-hours for sexual assault treatment programs) is too unhued; or

2. In light of the fact that the defendant committed the larceny, the court below decided the punishment in consideration of the degree of the indecent act in this case, the amount of damage, motive and background of the crime, the age, character and conduct, intelligence and environment of the defendant. In full view of all matters regarding the sentencing specified in the records and arguments in this case, the prosecutor's assertion is without merit, since the punishment of the court below is deemed appropriate.

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