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(영문) 서울북부지방법원 2014.05.15 2014노185

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of three million won and an order to complete sexual assault treatment programs 40 hours) imposed by the court below against the defendant is too unfasible.

2. The crime of this case is determined by the following facts: (a) the Defendant committed an indecent act against the victim E, who was seated in front of the bus, by drawing the victim E, before and after the bus, and subsequently, committed an indecent act against the victim F, who is another passenger, who committed an indecent act; (b) although the nature of the crime is not less and less than that of the crime, the Defendant was aware of the mistake; (c) the Defendant was in depth and agreed in writing from the victim; (d) more than 15 years before and after the crime of this case, the Defendant was punished on one occasion due to an act different from the crime of this case; (d) there was no other history of punishment; (e) the Defendant was expected to have the effect of preventing recidivism by ordering the Defendant to complete the sexual assault treatment program 40 hours; and (e) the effect of preventing recidivism by performing the obligation to submit personal information imposed on the Defendant; and (e) the Defendant’s motive and background leading up to the crime of this case, the circumstances before and after the crime, character, occupation, occupation, and family relation of the Defendant, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.