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(영문) 수원지방법원 2015.05.21 2014노6670
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal grounds for each of the instant offenses is as follows: (a) in light of the following: (b) the Defendant committed an indecent act by force against a female police officer called out while having been subject to criminal punishment of a fine, without being aware of the past two times, and obstructing another person’s main business operations; and (c) the other male police officer took a bath; (d) thus, the nature of the offense is very poor; and (e) the risk of recidivism cannot be ruled out; and (e) there is a need for a strict punishment for the Defendant; (b) the lower court’s sentence ordering the Defendant to complete a sexual assault treatment program program for a fine of eight million won

2. In light of the following factors: (a) the Defendant’s mistake is against the judgment; (b) the victim E of the obstruction of duties expressed his/her intention that he/she does not want the Defendant’s punishment; (c) the victim I expressed his/her intention that he/she does not want the Defendant’s punishment; (d) the degree of indecent act is relatively minor; (c) the Defendant has no record of criminal punishment due to the same kind of crime; and (d) other various factors, including the motive and background of each of the instant crimes; (e) the circumstances before and after the instant crimes; and (e) the Defendant’s character and conduct, and the environment, which are the conditions for sentencing, as indicated in the instant records and arguments, the lower court’s punishment is deemed unfair even if considering all the circumstances alleged in the grounds for appeal, and therefore, there is no reason to believe such assertion.

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.

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