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(영문) 인천지방법원 2014.01.10 2013노3141

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of 6 million won, a fine of 16 million won order to complete a sexual assault treatment program) against the Defendant is too uneased and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant by force against the victim, and that the risk of escape is likely to inflict bodily injury on the victim, and that the crime of this case is not good, there is a need to punish the Defendant strictly.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the Defendant is the primary offender; (c) the Defendant appears to have committed contingent acts in the state of drinking; (d) the Defendant agreed with the victim; and (e) the Defendant’s age, family environment, method and degree of indecent act; and other various sentencing conditions as shown in the records and arguments, such as the circumstances before and after the commission of the instant crime, the Defendant’s punishment against the Defendant is too unjustifiable and unreasonable.

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.