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(영문) 수원지방법원 2015.07.14 2015노1238
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the nature of the instant crime is not good and the damage recovery is not performed, the victim B wants to punish the Defendant, and there is a social consensus that the sexual crime should not be treated as a tolerance in our society, and the sentence of the lower court imposing a fine of three million won and the order to complete a sexual assault treatment program for 20 hours is too uneasible.

2. In light of the following: (a) the Defendant’s mistake against the Defendant; (b) the degree of indecent act is not much serious; (c) the Defendant did not have any record of criminal punishment for sexual assault crimes other than the instant case; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; and (c) other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct and environment as indicated in the instant records and pleadings, the lower court’s punishment is not determined to be too unreasonable even if all the circumstances alleged in the grounds for appeal

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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