beta
(영문) 부산지방법원 2015.10.30 2015노2816

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (4 million won of a fine and 40 hours of completion of a sexual assault treatment program) of the lower judgment is too unhued and unreasonable.

2. In light of the above, it is necessary to strictly punish the Defendant, since it is acknowledged that the Defendant did not seem to deny and reflect the crime until the court below rendered a judgment, and that the Defendant did not agree with the victim and did not endeavor to recover from damage.

However, considering the fact that the defendant has no record of punishment or punishment exceeding a fine for the same kind of crime, that the degree of indecent act against the victim is not severe, that recognizes and reflects the crime in the trial, and that the defendant's age, family relation, occupation, economic situation, and all other matters concerning the sentencing specified in the records and arguments in this case, the prosecutor's assertion is without merit, since it is judged that the punishment of the court below is appropriate.

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.