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(영문) 수원지방법원 2015.05.21 2014노6642

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds of appeal is unreasonable in light of the following: (a) the Defendant repeatedly committed the same kind of crime; and (b) the victims desire to punish the Defendant; (c) the lower court’s sentence ordering the Defendant to complete a program for treating sexual assault for a period of 5 million won or more; and (d) the Defendant’s order to complete a program for 20 hours is too unflu

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, the lower court’s punishment cannot be deemed to be unfair, even if considering all the circumstances alleged in the grounds for appeal, since it cannot be deemed that the lower court’s punishment is too unreasonable, considering all of the circumstances asserted in the grounds for appeal, since it is difficult to deem that the Defendant’s punishment is too unreasonable, even if it is not reasonable, because it is difficult to view that the lower court’s punishment is too unreasonable, in light of the following circumstances alleged in the grounds for appeal.

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