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(영문) 수원지방법원 2015.07.28 2015노1898

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds of appeal (e.g., in a case where the Defendant committed the instant crime without being able to prosecute the Defendant due to each indecent act by force on around 2007 and 2010; the Defendant committed the instant crime; the Defendant did not recover from damage; and the victim wants to punish the Defendant, the lower court’s sentence that sentenced the Defendant to complete a sexual assault treatment program program for a fine of 5 million won and 40 hours is too uneasible.

2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and the environment, as alleged in the grounds for appeal, the lower court’s sentence is not deemed to be unfair, even if all of the circumstances alleged in the grounds for appeal are considered, and thus, there is no reason to believe that the said assertion is unreasonable.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.