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(영문) 인천지방법원 2015.12.23 2015노3338

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended execution, and forty hours of sexual assault treatment lectures) is too uneased and unreasonable;

2. In full view of the circumstances and contents of the crime of this case, the method by which the Defendant committed the crime of this case, the Defendant’s continuous denial of the crime of this case up to the trial of the party, etc., the victim appears to have suffered considerable mental pain due to the indecent act by compulsion of this case, etc. However, it cannot be deemed unfair since the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant made a confession and reflect on part of the crime of this case; (b) the Defendant reached an agreement with the victim of the indecent act by compulsion of this case; (c) the closure of the massage procedure of this case; (d) the closure of the place of the crime of this case; (e) there was no criminal record; and (e) other various sentencing conditions in the records and arguments,

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.