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(영문) 창원지방법원 2015.10.20 2015노1807

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (3 million won of fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a case in which the defendant committed an indecent act by force by means of using sparing the victim, etc., and it is recognized that the victim seems to have suffered considerable mental damage due to the crime of this case.

However, considering the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) agreed with the victim; and (c) there has been no previous criminal records and no record of punishment exceeding the fine so far; and (d) there are no special circumstances or circumstances that may newly be considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the offense; (c) means and method of the offense; and (d) various circumstances that form the conditions for sentencing specified in the present argument and the record, such as the circumstances after the commission of the offense, the sentence

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.