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(영문) 인천지방법원 2015.01.30 2014노4212
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of completing sexual assault treatment programs) is too unhued and unreasonable;

2. The Defendant committed the instant crime committed by indecent act by taking the victim who intends to return to his house aboard the elevator and preventing him from getting out of the elevator, and neglecting the victim from getting out of the elevator. In light of the background and content leading to the instant crime, the method of the commission of the crime, etc., the crime is not good, and the fact that the victim made the victim feel a serious sexual humiliation is disadvantageous.

However, in full view of the fact that the defendant has no criminal record of the same kind, the degree of indecent act is relatively excessive, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, happy family environment, and circumstances before and after the crime, the lower court's punishment against the defendant is too uneasible and unreasonable.

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

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