beta
(영문) 창원지방법원 2017.08.31 2017노2184

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is unreasonable because it is too uneasible.

2. The judgment is based on the favorable sentencing grounds that there is no record of criminal punishment except for a person who has been sentenced to a fine in violation of the Road Traffic Act one time in 197, and the fact that the defendant commits an indecent act against the victim who is an employee by drinking alcohol at the main point is not good, and that the victim's age is disadvantageous to the victim.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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